Opinion
128 CAF 19-01543
02-11-2021
In the MATTER OF ANDREW G. and Jonathon P. Onondaga County Department of Children and Family Services, Petitioner-Respondent; v. Elizabeth G., Respondent, and Jefferson P., Respondent-Appellant.
THEODORE W. STENUF, MINOA, FOR RESPONDENT-APPELLANT. ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (YVETTE VELASCO OF COUNSEL), FOR PETITIONER-RESPONDENT. MICHAEL J. KERWIN, SYRACUSE, ATTORNEY FOR THE CHILDREN.
THEODORE W. STENUF, MINOA, FOR RESPONDENT-APPELLANT.
ROBERT A. DURR, COUNTY ATTORNEY, SYRACUSE (YVETTE VELASCO OF COUNSEL), FOR PETITIONER-RESPONDENT.
MICHAEL J. KERWIN, SYRACUSE, ATTORNEY FOR THE CHILDREN.
PRESENT: PERADOTTO, J.P., CARNI, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this Family Court Act article 10 proceeding, respondent father appeals from an order that, inter alia, determined that he neglected the older subject child and derivatively neglected the younger subject child. We affirm. Family Court's determination is supported by the requisite preponderance of the evidence ( see Matter of Bryan O. [Zabiullah O.] , 153 A.D.3d 1641, 1642, 61 N.Y.S.3d 409 [4th Dept. 2017] ). Contrary to the father's contention, the older child's out-of-court statements were sufficiently corroborated ( see id. ). Contrary to the father's further contention, the court properly drew a negative inference from his failure to testify, notwithstanding the factually related criminal charges pending against him ( see Matter of Karime R. [Robin P.] , 147 A.D.3d 439, 441, 46 N.Y.S.3d 581 [1st Dept. 2017] ; Matter of Jenny N. , 262 A.D.2d 951, 952, 692 N.Y.S.2d 554 [4th Dept. 1999] ). The father's remaining contentions do not warrant reversal or modification of the order.