Opinion
2014-01579 (Docket Nos. N-5981-10, N-5982-10, N-5984-10)
12-31-2014
In the Matter of EBONY S. (Anonymous). Administration for Children's Services, respondent; Earlind G. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Jasmine S. (Anonymous). Administration for Children's Services, respondent; Earlind G. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Alissa D. (Anonymous). Administration for Children's Services, respondent; Earlind G. (Anonymous), appellant. (Proceeding No. 3).
Richard L. Herzfeld, New York, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Janet L. Zaleon of counsel), for respondent. Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorney for the children.
Richard L. Herzfeld, New York, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Janet L. Zaleon of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorney for the children.
Opinion Appeal from an order of disposition of the Family Court, Kings County (Steven Z. Mostofsky, J.), dated July 9, 2013. The order, inter alia, released the children Ebony S., Jasmine S., and Alissa D. to the custody of their mother. The appeal brings up for review an order of fact-finding of that court (Michael Ambrosio, J.), dated May 15, 2013, which, after a hearing, found that the appellant derivatively abused the children Ebony S., Jasmine S., and Alissa D.
ORDERED that the order is affirmed, without costs or disbursements.
The Family Court's determination that the appellant sexually abused the child Alyson S. supported the court's finding that he derivatively abused the children Ebony S., Jasmine S., and Alissa D., and as the conduct established a fundamental defect in his understanding of his parental duties relating to the care of children and demonstrated that his impulse control was so defective as to create a substantial risk of harm to any child in his care (see Matter of Michael U. [Marcus U.], 110 A.D.3d 821, 821–822, 973 N.Y.S.2d 676 ; Matter of Kyanna T. [Winston R.], 99 A.D.3d 1011, 1013, 953 N.Y.S.2d 121 ; Matter of Aliyah G. [Arlenie G.], 95 A.D.3d 885, 886, 942 N.Y.S.2d 903 ; Matter of Daniel W., 37 A.D.3d 842, 843, 831 N.Y.S.2d 244 ). There is no basis in the record to disturb the Family Court's assessment of the credibility of the witnesses at the fact-finding hearing (see Matter of Linda F. [Jose F.], 119 A.D.3d 944, 989 N.Y.S.2d 864 ).
The appellant's remaining contention is without merit.
RIVERA, J.P., SKELOS, ROMAN and MILLER, JJ., concur.