Opinion
2012-05-3
In re TAYSHAWN S., A Child Under the Age of Eighteen Years, etc.,Tyon S., Respondent–Appellant,Administration for Children's Services, Petitioner–Respondent.
Dora M. Lassinger, East Rockaway, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for respondent.
Dora M. Lassinger, East Rockaway, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.
Order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about May 4, 2011, which, upon a fact-finding determination that respondent mother neglected the subject child, placed the child in the custody and guardianship of the Commissioner of Social Services until completion of the next scheduled permanency hearing, unanimously affirmed, without costs.
The finding of neglect was supported by a preponderance of the evidence ( see Family Court Act § 1012[f]; § 1046[b][i] ). The evidence showed that respondent left *873 her six year-old son alone in their apartment after midnight for two to three hours, lied to police by telling them that the child was staying with her mother, hit the child with a brush on another occasion, and burned him with a hot cigarette lighter ( see e.g. Matter of Shayna R., 57 A.D.3d 262, 869 N.Y.S.2d 46 [2008] ). There exists no basis upon which to disturb the court's credibility determinations ( see Matter of Jared S. [Monet S.], 78 A.D.3d 536, 911 N.Y.S.2d 339 [2010], lv. denied 16 N.Y.3d 705, 2011 WL 589734 [2011] ).
We have considered respondent's remaining contentions, including that her due process rights were violated, and find them unavailing.