| Matter of Fernando S. |
| 2009 NY Slip Op 05261 [63 AD3d 610] |
| June 25, 2009 |
| Appellate Division, First Department |
| In the Matter of Fernando S. and and Another, Children Alleged tobe Neglected. Fernando S., Appellant; New York City Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), forrespondent. Wendy Abels, New York, Law Guardian.
Order of fact-finding and disposition (one paper), Family Court, Bronx County (Douglas E.Hoffman, J.), entered on or about January 27, 2005, which, to the extent appealed from, aslimited by the briefs, transferred custody of respondent father's children Fernando S. and Jesus S.to petitioner New York City Administration for Children's Services upon a finding of neglect,unanimously affirmed, without costs.
The finding of neglect under Family Court Act § 1012 (f) based upon inadequateguardianship and supervision of the subject children was supported by a preponderance of theevidence, including appellant's admissions in connection with a plea in a federal court criminalproceeding that he sold illegal narcotics and possessed loaded firearms at the home of the subjectchildren (see Family Ct Act § 1046 [b] [i]). In reviewing the court'sdeterminations, we must accord great weight and deference to them, including the court'sassessment of credibility, and we will not disturb those determinations where, as here, they aresupported by the record (see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter ofElijah C., 49 AD3d 340 [2008]).[*2]
We have considered appellant's remaining contentionsand find them unavailing. Concur—Mazzarelli, J.P., Andrias, Nardelli, DeGrasse andAbdus-Salaam, JJ.