Opinion
2013-12-27
In the Matter of ALESHA P. and MacKenzie P. Oswego County Department of Social Services, Petitioner–Respondent; Audrey B., Respondent–Appellant, and Michael B., Respondent.
Appeal from an order of the Family Court, Oswego County (Kimberly M. Seager, J.), entered April 3, 2012 in a proceeding pursuant to Family Court Act article 10. The order, inter alia, determined that respondent Audrey B. had abused her children. Amdursky, Pelky, Fennell & Wallen, P.C., Oswego (Courtney S. Radick of Counsel), for Respondent–Appellant. Nelson Law Firm, Mexico (Allison J. Nelson of Counsel), for Petitioner–Respondent.
Appeal from an order of the Family Court, Oswego County (Kimberly M. Seager, J.), entered April 3, 2012 in a proceeding pursuant to Family Court Act article 10. The order, inter alia, determined that respondent Audrey B. had abused her children.
Amdursky, Pelky, Fennell & Wallen, P.C., Oswego (Courtney S. Radick of Counsel), for Respondent–Appellant. Nelson Law Firm, Mexico (Allison J. Nelson of Counsel), for Petitioner–Respondent.
John G. Koslosky, Attorney for the Child, Utica.
Theodore W. Stenuf, Attorney for the Child, Minoa.
MEMORANDUM:
Respondent mother appeals from an order of fact-finding and disposition determining that she abused her two daughters. Contrary to the mother's contention, Family Court's findings of abuse are supported by a preponderance of the evidence ( seeFamily Ct. Act § 1046[b][i]; Matter of Peter C., 278 A.D.2d 911, 911, 718 N.Y.S.2d 551; Matter of Sarah C., 245 A.D.2d 1111, 1111–1112, 666 N.Y.S.2d 95; Matter of Rhiannon B., 237 A.D.2d 935, 935, 654 N.Y.S.2d 537). “We accord great weight and deference to [the c]ourt's determinations, ‘including its drawing of inferences and assessment of credibility,’ and we will not disturb those determinations where, as here, they are supported by the record” ( Matter of Arianna M. [Brian M.], 105 A.D.3d 1401, 1401, 963 N.Y.S.2d 895, lv. denied21 N.Y.3d 862, 972 N.Y.S.2d 219, 995 N.E.2d 182; see Peter C., 278 A.D.2d at 911, 718 N.Y.S.2d 551).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. SMITH, J.P., FAHEY, LINDLEY, VALENTINO, and WHALEN, JJ., concur.