| Matter of Roland Noele B. |
| 2009 NY Slip Op 07834 [66 AD3d 1008] |
| October 27, 2009 |
| Appellate Division, Second Department |
| In the Matter of Roland Noele B., an Infant. Administration forChildren's Services, Respondent; Twuana B., Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and DrakeA. Colley of counsel), for respondent. Serena Rosario, Brooklyn, N.Y., attorney for the child.
In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals,as limited by her brief, from so much of an order of the Family Court, Kings County (Gruebel,R.) dated May 6, 2008, as, after a permanency hearing, changed the permanency goal for thesubject child from "return to parent" to "free for adoption," denied her motion to terminate theplacement of the subject child in foster care, and granted that branch of the motion of theAdministration for Children's Services which was to direct that her visitation with the subjectchild be supervised.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The Family Court did not improvidently exercise its discretion in changing the permanencygoal for the subject child from "return to parent" to "free for adoption," or in denying themother's motion to terminate the placement of the child in foster care. The Family Court'sdetermination in a neglect proceeding where issues of credibility are presented is entitled to greatdeference on appeal, as the court saw and heard the witnesses (see Matter of Stefani C., 61 AD3d681 [2009]; Matter of H. Children, 276 AD2d 485 [2000]). There is no basis todisturb the Family Court's determinations in this instance.
Further, the Family Court's determination that supervised visitation was in the child's bestinterests has a sound and substantial basis in the record, and should not be disturbed (see Matter of Sinnott-Turner v Kolba,60 AD3d 774 [2009]).
The appellant's remaining contention is without merit. Rivera, J.P., Florio, Miller and Austin,JJ., concur.