In re Jared M.

Full title: In re JARED M., and Another, Children Under 18 Years of Age etc., Ernesto…

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: Oct 9, 2012

99 A.D.3d 474 (N.Y. App. Div. 2012)

952 N.Y.S.2d 123

2012 N.Y. Slip Op. 6733

Opinion

2012-10-9

In re JARED M., and Another, Children Under 18 Years of Age etc., Ernesto C., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.

Steven M. Feinman, White Plains, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Michael J. Pastor of counsel), for respondent.

TOM

Steven M. Feinman, White Plains, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Michael J. Pastor of counsel), for respondent.
TOM, J.P., MAZZARELLI, CATTERSON, RENWICK, DeGRASSE, JJ.

Order of fact-finding and disposition, Family Court, Bronx County (Jane Pearl, J.), entered on or about December 21, 2011, which, insofar as appealed from, determined that respondent had neglected the subject children for whom he was legally responsible, unanimously affirmed, without costs.

The finding of neglect was supported by a preponderance of the evidence ( seeFamily Ct. Act § 1046[b][i] ). The record shows that police responded to complaints of marijuana use in the apartment building where respondent lived with his girlfriend and her two young children. A detective, upon smelling a strong odor of marijuana emanating from respondent's apartment, knocked on the door, and when respondent answered, the detective saw marijuana in plain view. Following respondent's arrest, a search of the apartment recovered large amounts of marijuana located throughout the home, including over 130 individual packages of the substance.

Under the circumstances, the court properly found that respondent's conduct posed an imminent danger to the children's physical, mental and emotional well-being ( seeFamily Ct. Act § 1012[f][i]; Matter of Eugene L. [Julianna H.], 83 A.D.3d 490, 921 N.Y.S.2d 61 [1st Dept.2011]; Matter of Michael R., 309 A.D.2d 590, 765 N.Y.S.2d 358 [1st Dept.2003] ). There is no basis to disturb the court's evaluation of the evidence, including its credibility determinations ( see Matter of Ilene M., 19 A.D.3d 106, 796 N.Y.S.2d 87 [1st Dept.2005] ). The fact that the children were not home at the time of respondent's arrest does not warrant a different determination.