Opinion
06-01-2016
Bruce A. Petito, Poughkeepsie, NY (Joseph Petito of counsel), for appellant. James M. Fedorchak, County Attorney, Poughkeepsie, NY (Richard A. Ott of counsel), for petitioner-respondent. Helene M. Greenberg, Elmsford, NY, attorney for the children.
Bruce A. Petito, Poughkeepsie, NY (Joseph Petito of counsel), for appellant.
James M. Fedorchak, County Attorney, Poughkeepsie, NY (Richard A. Ott of counsel), for petitioner-respondent.
Helene M. Greenberg, Elmsford, NY, attorney for the children.
Appeal from an order of fact-finding and disposition of the Family Court, Dutchess County (Joan S. Posner, J.), dated October 27, 2014. The order, after fact-finding and dispositional hearings, found that the mother had neglected the subject children and, inter alia, awarded physical custody of the child Divine F. to the father.
ORDERED that the order is affirmed, without costs or disbursements.
The Dutchess County Department of Community and Family Services commenced this proceeding pursuant to Family Court Act article 10 alleging that the mother neglected the subject children. After a fact-finding hearing, the Family Court found that the mother neglected the children.
Contrary to the mother's only contention on appeal, the Family Court's finding that the mother neglected the subject children is supported by a preponderance of the evidence (see Family Ct. Act § 1012[f][i][B] ; Matter of Morgene R. [Leah A.], 135 A.D.3d 769, 770, 22 N.Y.S.3d 886 ; Matter of Tamara D. [Randolph P.], 120 A.D.3d 813, 991 N.Y.S.2d 377 ).
BALKIN, J.P., HALL, MILLER and LaSALLE, JJ., concur.