| Matter of James C. |
| 2008 NY Slip Op 00263 [47 AD3d 712] |
| January 15, 2008 |
| Appellate Division, Second Department |
| In the Matter of James C. Administration for Children's Services,Respondent; Gary C., Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow andSuzanne K. Colt of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Amy Hausknecht of counsel), forappellant.
In a child protective proceeding pursuant to Family Court Act article 10, the father appealsfrom an order of fact-finding of the Family Court, Richmond County (McElrath, J.), dated June22, 2004, which, after a fact-finding hearing, found that he neglected the subject child.
Ordered that the order is affirmed, without costs or disbursements.
The Family Court properly found that the petitioner sufficiently established, by apreponderance of the evidence (see Family Ct Act § 1046 [b] [i]), that the fatherneglected the subject child. The credible evidence adduced at the fact-finding hearingdemonstrated that the father placed the subject child at imminent risk of harm by permitting thechild's biological mother to have overnight visits with the child despite his awareness of themother's history of drug and alcohol abuse. Moreover, the evidence demonstrated that the fatherhad been admonished by the petitioner that the mother was not a proper caretaker for the subjectchild (see Matter of Rakim W., 17AD3d 376, 377 [2005]) and the father was aware that a prior order of custody and visitationlimited the mother, inter alia, to only five consecutive hours of supervised visitation with thechild. Viewing the record [*2]as a whole, and according greatweight to the hearing court's credibility determinations (see Matter of Jedidah A., 39 AD3d 742, 743 [2007]; Matter of Joseph O., 28 AD3d562, 563 [2006]), we discern no basis to disturb the Family Court's finding of neglect.
The father's remaining contention is not properly before this Court on this appeal. Ritter, J.P.,Florio, McCarthy and Dickerson, JJ., concur.