| Matter of Merrick T. |
| 2008 NY Slip Op 07357 [55 AD3d 1318] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| In the Matter of Merrick T. and Another, Infants. Ontario CountyDepartment of Social Services, Respondent; Susan M.-T., Appellant. |
—[*1] John W. Park, County Attorney, Canandaigua (Holly A. Adams of counsel), forpetitioner-respondent. Anne S. Galbraith, Law Guardian, Canandaigua, for Merrick T. and Rowan T.
Appeal from an order of the Family Court, Seneca County (Dennis F. Bender, J.), enteredOctober 27, 2006 in a proceeding pursuant to Family Court Act article 10. The order, insofar asappealed from, was entered upon a finding that respondent neglected her two children.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent mother appeals from an order of disposition that, upon a finding thatshe neglected her two children, placed the mother and her children under the supervision of the SenecaCounty Department of Social Services for a period of one year. Contrary to the mother's contention,the finding of neglect is supported by a preponderance of the evidence (see Matter of Stephanie B.,245 AD2d 1062 [1997]). Following the fact-finding hearing, Family Court concluded that themother "unreasonably . . . inflicted harm" upon one of her children (Family Ct Act §1012 [f] [i] [B]), and that the other child was derivatively neglected (see Matter of Michelle M., 52 AD3d1284 [2008]). In reviewing the court's determinations, we must accord great weight and deferenceto them, "including [the court's] drawing of inferences and assessment of credibility," and we will notdisturb those determinations where, as here, they are supported by the record (Matter of Shaylee R., 13 AD3d 1106,1106 [2004]). Present—Martoche, J.P., Smith, Lunn, Pine and Gorski, JJ.