In re Fernando S.

Appellate Division of the Supreme Court of New York

In re Fernando S.

63 A.D.3d 610, 883 N.Y.S.2d 469

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 25, 2009

StatusPublished

Cited by5 cases

This text of 63 A.D.3d 610 (In re Fernando S.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Fernando S., 63 A.D.3d 610, 883 N.Y.S.2d 469 (N.Y. Ct. App. 2009).

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Opinion

Order of fact-finding and disposition (one paper), Family Court, Bronx County (Douglas E. Hoffman, J.), entered on or about January 27, 2005, which, to the extent appealed from, as limited by the briefs, transferred custody of respondent father’s children Fernando S. and Jesus S. to petitioner New York City Administration for Children’s Services upon a finding of neglect, unanimously affirmed, without costs.

The finding of neglect under Family Court Act § 1012 (f) based upon inadequate guardianship and supervision of the subject [611]*611children was supported by a preponderance of the evidence, including appellant’s admissions in connection with a plea in a federal court criminal proceeding that he sold illegal narcotics and possessed loaded firearms at the home of the subject children (see Family Ct Act § 1046 [b] [i]). In reviewing the court’s determinations, we must accord great weight and deference to them, including the court’s assessment of credibility, and we will not disturb those determinations where, as here, they are supported by the record (see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Elijah C., 49 AD3d 340 [2008]).

We have considered appellant’s remaining contentions and find them unavailing. Concur—Mazzarelli, J.P., Andrias, Nardelli, DeGrasse and Abdus-Salaam, JJ.

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Order of fact-finding and disposition (one paper), Family Court, Bronx County (Douglas E. Hoffman, J.), entered on or about January 27, 2005, which, to the extent appealed from, as limited by the briefs, transferred custody of respondent father’s children Fernando S. and Jesus S. to petitioner New York City Administration for Children’s Services upon a finding of neglect, unanimously affirmed, without costs.

The finding of neglect under Family Court Act § 1012 (f) based upon inadequate guardianship and supervision of the subject [611]*611children was supported by a preponderance of the evidence, including appellant’s admissions in connection with a plea in a federal court criminal proceeding that he sold illegal narcotics and possessed loaded firearms at the home of the subject children (see Family Ct Act § 1046 [b] [i]). In reviewing the court’s determinations, we must accord great weight and deference to them, including the court’s assessment of credibility, and we will not disturb those determinations where, as here, they are supported by the record (see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Elijah C., 49 AD3d 340 [2008]).

We have considered appellant’s remaining contentions and find them unavailing. Concur—Mazzarelli, J.P., Andrias, Nardelli, DeGrasse and Abdus-Salaam, JJ.

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Bluebook (online)

63 A.D.3d 610, 883 N.Y.S.2d 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-fernando-s-nyappdiv-2009.

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