| Matter of Destiny H. (Valerie B.) |
| 2011 NY Slip Op 03238 [83 AD3d 939] |
| April 19, 2011 |
| Appellate Division, Second Department |
| In the Matter of Destiny H. Westchester County Department ofSocial Services, Appellant; Valerie B., Respondent. |
—[*1] Kenneth Lyle Bunting, White Plains, N.Y., for respondent. Steven N. Ranellone, White Plains, N.Y., Attorney for the Child.
In a child neglect proceeding pursuant to Family Court Act article 10, the petitioner appealsfrom an order of the Family Court, Westchester County (Edwards, J.), entered July 20, 2010,which, after a fact-finding hearing, denied the petition and dismissed the proceeding.
Ordered that the order is affirmed, with costs.
The Family Court failed to state on the record the facts which it deemed essential to itsdetermination to dismiss the petition (see Family Ct Act § 1051 [c]; Matter ofJose L.I., 46 NY2d 1024, 1025-1026 [1979]; cf. Matter of Jodi S., 179 AD2d 653[1992]). However, remittal is not necessary because the record is sufficient for this Court toconduct an independent review of the evidence (see Matter of Jose L.I., 46 NY2d at1026; Matter of Leon G., 7 AD3d524 [2004]; cf. Matter of Austin v Austin, 254 AD2d 703 [1998]).
Upon our independent review of the evidence, we discern no basis to disturb the FamilyCourt's ultimate determination that the allegations of neglect were not proven by a preponderanceof the evidence (see Family Ct Act § 1046 [b] [i]; Nicholson v Scoppetta, 3 NY3d357, 368, 371 [2004]; Matter of Tammie Z., 66 NY2d 1, 3 [1985]). Contrary to thepetitioner's contention, the credible evidence did not establish that the mother failed to exercise aminimum degree of care in providing the child with proper supervision (see Matter of CharlesN., 83 AD2d 947 [1981]; cf. Matterof Antonio NN., 28 AD3d 826 [2006]; Matter of James HH., 234 AD2d 783[1996]; Matter of Eric M., 90 AD2d 717 [1982]). Accordingly, the Family Court properlydenied the petition and dismissed the proceeding. Skelos, J.P., Belen, Lott and Cohen, JJ.,concur.