Opinion
04-12-2017
In the Matter of DESIREE P. (Anonymous). Administration for Children's Services, respondent; Michael H. (Anonymous), appellant.
Frank A. Buono, Brooklyn, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Deborah A. Brenner, Elizabeth S. Natrella, and Elina Druker of counsel), for respondent. Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorney for the child.
Frank A. Buono, Brooklyn, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Deborah A. Brenner, Elizabeth S. Natrella, and Elina Druker of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorney for the child.
Appeal by the father from an order of disposition of the Family Court, Kings County (Robert D. Mulroy, J.), dated December 15, 2015. The order, inter alia, released the subject child to the custody of the mother and directed the father to comply with an order of protection. The appeal brings up for review an order of fact-finding of that court dated July 21, 2015, made after a fact-finding hearing, which found that the father sexually abused the child.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
At a fact-finding hearing in a child protective proceeding pursuant to Family Court Act article 10, the petitioner has the burden of establishing, by a preponderance of the evidence, that the subject child has been abused or neglected (see Family Ct. Act § 1046[b][i] ; Matter of Tammie Z., 66 N.Y.2d 1, 3, 494 N.Y.S.2d 686, 484 N.E.2d 1038 ; Matter of Amber C. [Miguel C.], 104 A.D.3d 845, 846, 961 N.Y.S.2d 492 ; Matter of Adelia V. [Braun], 91 A.D.3d 659, 661, 937 N.Y.S.2d 78 ; Matter of Ndeye D. [Benjamin D.], 85 A.D.3d 1026, 926 N.Y.S.2d 119 ). The Family Court's findings with respect to credibility are entitled to great weight (see Matter of Lindsay B. [Carlton B.], 80 A.D.3d 763, 916 N.Y.S.2d 778 ; Matter of Daniel R. [Lucille R.], 70 A.D.3d 839, 894 N.Y.S.2d 165 ; Matter of Maithsa Edourd S., 27 A.D.3d 475, 476, 811 N.Y.S.2d 117 ). Here, contrary to the father's contention, the evidence adduced at the fact-finding hearing was sufficient to prove, by a preponderance of the evidence, that he sexually abused the subject child (see Family Ct. Act §§ 1012[e][iii] ; 1046[b][i]; Penal Law § 130.52 ).
The father's remaining contention is without merit.
BALKIN, J.P., COHEN, MILLER and BRATHWAITE NELSON, JJ., concur.