Opinion
2015-11-12
In the Matter of SAFIYAH T. (Anonymous). Dutchess County Department of Social Services, petitioner-respondent, v. Tommie D.T. (Anonymous), appellant, et al., respondent.
Gary E. Eisenberg, New City, N.Y., for appellant. James Fedorchak, County Attorney, Poughkeepsie, N.Y. (Thomas E. Dietz of counsel), for petitioner-respondent.
Gary E. Eisenberg, New City, N.Y., for appellant. James Fedorchak, County Attorney, Poughkeepsie, N.Y. (Thomas E. Dietz of counsel), for petitioner-respondent.
Andrew W. Szczesniak, White Plains, N.Y., attorney for the child.
Appeal from an order of fact-finding of the Family Court, Dutchess County (Denise M. Watson, J.), dated June 2, 2014. The order, after a hearing, found that the father neglected the subject child.
ORDERED that the order of fact-finding is affirmed, without costs or disbursements.
The Family Court's finding that the father neglected the child was supported by a preponderance of the evidence presented at the fact-finding hearing ( see Matter of Beautisha B. [Racquirine A.], 115 A.D.3d 854, 854, 982 N.Y.S.2d 351; see also Family Ct. Act § 1046[b]; Matter of Tammie Z., 66 N.Y.2d 1, 3, 494 N.Y.S.2d 686, 484 N.E.2d 1038). The Family Court's determinations regarding the credibility of witnesses is entitled to considerable deference unless clearly unsupported by the record ( see Matter of Ariel R. [Danielle K.], 118 A.D.3d 1010, 1010, 989 N.Y.S.2d 82; Matter of Denis F. Jr. [Dennis F. Sr.], 112 A.D.3d 626, 627, 975 N.Y.S.2d 910; Matter of Christiana C. [Carleton C.], 86 A.D.3d 606, 607, 928 N.Y.S.2d 50; Matter of Andrew B. [Deborah B.], 73 A.D.3d 1036, 1036, 900 N.Y.S.2d 661). A parent can be found to have neglected a child by refusing to take the child into his or her home and by indicating a desire to have no contact with, or responsibility for, the child ( see Matter of Ariel R. [Danielle K.], 118 A.D.3d at 1010, 989 N.Y.S.2d 82; Matter of Shawntay S. [Stephanie R.], 114 A.D.3d 502, 502, 979 N.Y.S.2d 815; Matter of Clayton OO. [Nikki PP.], 101 A.D.3d 1411, 1412, 956 N.Y.S.2d 328; Matter of Nyia L. [Egipcia E.C.], 88 A.D.3d 882, 883, 931 N.Y.S.2d 257; Matter of Jalil McC. [Denise C.], 84 A.D.3d 1089, 1090, 924 N.Y.S.2d 420; Matter of Janice G. [Linda H.], 70 A.D.3d 1210, 1211, 894 N.Y.S.2d 238). Here, the evidence demonstrated that, despite knowing that the child was homeless, the father abdicated his responsibility as a parent and made it clear that he did not feel it was his responsibility to provide for the child ( see Matter of Ariel R. [Danielle K.], 118 A.D.3d at 1010, 989 N.Y.S.2d 82; Matter of Shawntay S. [Stephanie R.], 114 A.D.3d at 502, 979 N.Y.S.2d 815; see Matter of Nyia L. [Egipcia E.C.], 88 A.D.3d at 883, 931 N.Y.S.2d 257; Matter of Jalil McC. [Denise C.], 84 A.D.3d at 1090, 924 N.Y.S.2d 420). LEVENTHAL, J.P., COHEN, DUFFY and LaSALLE, JJ., concur.