Matter of Dante L. (Danac L.)

125 A.D.3d 862, 1 N.Y.S.3d 837

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 18, 2015
• Docket: 2013-11153
• Status: Published

Opinion

Appeal from an order of fact-finding and disposition of the Family Court, Suffolk County (David Freundlich, J.), dated November 7, 2013. The order, insofar as appealed from, after a hearing, found that the father neglected the subject child.

Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

At a fact-finding hearing in a neglect proceeding pursuant to Family Court Act article 10, a petitioner has the burden of proving by a preponderance of the evidence that the subject child was neglected (see Family Ct Act § 1046 [b] [i]; Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; Matter of Negus T. [Fayme B.], 123 AD3d 836 [2014]). The hearing court’s credibility determinations are accorded great weight (see Matter of Negus T. [Fayme B.], 123 AD3d 836 [2014]; Matter of China C. [Alexis C.], 116 AD3d 953 [2014]). Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject child (see Family Ct Act § 1012 [f] [i] [B]; Matter of Jackson F. [Gabriel F], 121 AD3d 1114 [2014]).

The father’s remaining contentions are without merit.

Skelos, J.P., Balkin, Sgroi and LaSalle, JJ., concur.