Opinion
2018–06962 2018–06963 Docket No. N–6882–17
06-26-2019
In the MATTER OF ETHAN L. (Anonymous). Administration for Children's Services, Respondent; v. Ilya L. (Anonymous), Appellant.
Elliot Green, Brooklyn, NY, for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Daniel Matza–Brown of counsel; Stephen Samolsky on the brief), for respondent. Janet E. Sabel, New York, N.Y. (Dawne A. Mitchell and Susan Clement of counsel), attorney for the child.
Elliot Green, Brooklyn, NY, for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Daniel Matza–Brown of counsel; Stephen Samolsky on the brief), for respondent.
Janet E. Sabel, New York, N.Y. (Dawne A. Mitchell and Susan Clement of counsel), attorney for the child.
ALAN D. SCHEINKMAN, P.J., MARK C. DILLON, JOHN M. LEVENTHAL, ROBERT J. MILLER, JJ.
DECISION & ORDERIn a proceeding pursuant to Family Court Act article 10, the father appeals from (1) an order of fact-finding of the Family Court, Queens County (Robert I. Caloras, J.), dated May 11, 2018, and (2) an order of disposition of the same court dated May 15, 2018. The order of fact-finding, after a fact-finding hearing, found that the father neglected the subject child. The order of disposition, after a dispositional hearing, released the child to the nonrespondent mother upon stated conditions of supervision, and placed the father under the supervision of the Administration for Children's Services, upon stated conditions of supervision.
ORDERED that the appeal from the order of fact-finding is dismissed, without costs or disbursements, as that order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,
ORDERED that the order of disposition is affirmed, without costs or disbursements.
In a child neglect 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 neglected by the respondent (see Family Ct Act §§ 1012[f][i][B] ; 1046[b][i] ). In reviewing a determination in such a proceeding, this Court affords deference to the Family Court's credibility determinations (see Matter of Justice L. [Jessica L.] , 168 A.D.3d 1057, 90 N.Y.S.3d 903 ; Matter of Daniel R. [Lucille R.] , 70 A.D.3d 839, 841, 894 N.Y.S.2d 165 ).
Here, the record supports the Family Court's finding that the father neglected the subject child when, in the presence of the two-year-old child, the father verbally threatened to kill the child and the child's mother and, more specifically, threatened to throw the child off an apartment balcony (cf. Matter of Zachery M. , 306 A.D.2d 348, 349, 760 N.Y.S.2d 546 ).
SCHEINKMAN, P.J., DILLON, LEVENTHAL and MILLER, JJ., concur.