| Matter of Aaliyah G. |
| 2008 NY Slip Op 04694 [51 AD3d 918] |
| May 20, 2008 |
| Appellate Division, Second Department |
| In the Matter of Aaliyah G. Suffolk County Department of SocialServices, Respondent; Jonathan G., Appellant, et al., Respondent. |
—[*1] Christine Malafi, County Attorney, Central Islip, N.Y. (Jeffrey P. Tavel of counsel), forpetitioner-respondent. Robert M. Garcia, Deer Park, N.Y., attorney for the child.
In a child protective proceeding pursuant to Family Court Act article 10, the father appeals,as limited by his brief, from so much of an order of fact-finding and disposition of the FamilyCourt, Suffolk County (Freundlich, J.), entered November 16, 2006, as, after fact-finding anddispositional hearings, found that he neglected the subject child and released the child to thecustody of the mother under certain conditions and terms.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the father's contention, the Family Court's determination that he neglected thesubject child by virtue of his use of marijuana while the child was in his care, and his placementof the child as a barricade between himself and a police officer, was supported by apreponderance of the evidence (see Family Ct Act § 1012 [f] [i]; Nicholson v Scoppetta, 3 NY3d357, 368 [2004]; Matter of GregoryS., 39 AD3d 552 [2007]; Matter of Ayana Jean L., 23 AD3d 472, 473 [2005]; see alsoMatter of Jeremiah M., 290 AD2d 450 [2002]). Accordingly, there is no basis to disturb theFamily Court's determination to [*2]release the child to thecustody of the mother under certain conditions and terms. Skelos, J.P., Santucci, Balkin andChambers, JJ., concur.