Opinion
2012-04-24
In the Matter of BIANCA P. (Anonymous).Suffolk County Department of Social Services, respondent;Theodore A.P. (Anonymous), Jr., appellant. (Proceeding No. 1)In the Matter of Theodore P. (Anonymous), III. Suffolk County Department of Social Services, respondent;Theodore A.P. (Anonymous), Jr., appellant. (Proceeding No. 2).
John T. Powers, Jr., P.C., Deer Park, N.Y. (Jennifer S. Lippman of counsel), for appellant. Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Karin A. Bohrer of counsel), for respondent.
John T. Powers, Jr., P.C., Deer Park, N.Y. (Jennifer S. Lippman of counsel), for appellant. Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Karin A. Bohrer of counsel), for respondent. Diane B. Groom, Central Islip, N.Y., attorney for the children.RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, SHERI S. ROMAN, and SANDRA L. SGROI, JJ.
In two related child protective proceedings pursuant to Family Court Act article 10, the father appeals from a fact-finding order of the Family Court, Suffolk County (Freundlich, J.), dated May 4, 2011, which, after a hearing, found that he neglected the subject children.
ORDERED that the fact-finding order is affirmed, without costs or disbursements.
The Family Court's determination regarding the credibility of witnesses is entitled to great weight on appeal unless clearly unsupported by the record ( see Matter of Creighton v. Whitmore, 71 A.D.3d 1141, 898 N.Y.S.2d 585). Here, contrary to the father's contention, the Family Court's finding of neglect as to the child Bianca based on his use of alcohol while driving a car in which she was a passenger and failing to put her into a child seat or restraint, is supported by a preponderance of the evidence ( see Family Ct Act § 1012[f][i][B]; § 1046[b][i]; Matter of Raima W., 59 A.D.3d 633, 634, 873 N.Y.S.2d 704; Matter of Heather D., 17 A.D.3d 1087, 794 N.Y.S.2d 243; Matter of Pedro C. [ Josephine B.], 1 A.D.3d 267, 268, 767 N.Y.S.2d 578). The evidence also supports a finding of neglect with respect to the child Theodore based on the father's allowing Theodore to ride in a car driven by a friend when he knew or should have known that the friend was intoxicated ( see Matter of Nicholas M., 89 A.D.3d 1087, 933 N.Y.S.2d 589; Matter of Tylasia B. [ Wayne B.], 72 A.D.3d 1074, 1075, 901 N.Y.S.2d 84).