Opinion
2015-07-15
In the Matter of JEREMIAH W. (Anonymous). Suffolk County Department of Social Services, respondent; Ronald W. (Anonymous), appellant.
Glenn Gucciardo, Northport, N.Y., for appellant. Dennis M. Brown, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for respondent.
Glenn Gucciardo, Northport, N.Y., for appellant. Dennis M. Brown, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for respondent.
Annemarie Grattan, East Islip, N.Y., attorney for the child.
Appeal from an order of fact-finding and disposition of the Family Court, Suffolk County (David Freundlich, J.), dated March 5, 2014. The order, insofar as appealed from, upon a decision of that court, made after a fact-finding hearing, found that the father neglected the subject child.
ORDERED that on Court's own motion, the father's notice of appeal from the decision is deemed a notice of appeal from the order of fact-finding and disposition ( seeCPLR 5512[a] ); and it is further,
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the father's contention, the determination that he neglected the subject child was supported by a preponderance of the evidence ( see Matter of Sheneika V., 20 A.D.3d 541, 542, 800 N.Y.S.2d 424; Matter of Salvatore C., 6 A.D.3d 431, 432, 774 N.Y.S.2d 373). Where, as here, issues of credibility are presented, the hearing court's findings must be accorded great deference ( see Matter of Sheneika V., 20 A.D.3d at 542, 800 N.Y.S.2d 424; Matter of Todd D., 9 A.D.3d 462, 463, 780 N.Y.S.2d 180; Matter of Commissioner of Social Servs. v. Kim G., 240 A.D.2d 664, 665, 659 N.Y.S.2d 501). The credible evidence adduced at the fact-finding hearing established that the father committed acts of domestic violence against the mother while in the child's presence that impaired, or created an imminent danger of impairing, the child's physical, mental, or emotional condition ( see Matter of Tayleese M.C. [Tunisha H.], 127 A.D.3d 1077, 1078, 7 N.Y.S.3d 464; Matter of Briana A.-C. [Edward A.-M.]., 125 A.D.3d 771, 773, 4 N.Y.S.3d 95).