| Matter of Christiana C. (Carleton C.) |
| 2011 NY Slip Op 06028 [86 AD3d 606] |
| July 19, 2011 |
| Appellate Division, Second Department |
| In the Matter of Christiana C., a Child Alleged to be Neglected.Suffolk County Department of Social Services, Respondent; Carleton C.,Appellant. |
—[*1] Christine Malafi, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), forrespondent. Diane B. Groom, Central Islip, N.Y., attorney for the child.
In a child protective proceeding pursuant to Family Court Act article 10, the father appealsfrom an order of fact-finding and disposition of the Family Court, Suffolk County (Crecca, J.),dated February 8, 2010, which, after fact-finding and dispositional hearings, found that heneglected the subject child and placed him under the supervision of the Suffolk CountyDepartment of Social Services, pursuant to stated terms and conditions, until January 14, 2011.
Ordered that the appeal from so much of the order of fact-finding and disposition as placedthe father under the supervision of the Suffolk County Department of Social Services, pursuant tostated terms and conditions, until January 14, 2011, is dismissed as academic, without costs ordisbursements, as that portion of the order expired by its own terms (see Matter of Dave D. [Mary E.S.], 78AD3d 829 [2010]); and it is further,
Ordered that the order of fact-finding and disposition is affirmed insofar as reviewed, withoutcosts or disbursements.
The Family Court's determination regarding the credibility of witnesses is entitled to greatweight on appeal unless clearly unsupported by the record (see Matter of Robbins v Robbins, 48 AD3d 822 [2008]). Here, theFamily Court credited the testimony of the mother regarding an incident of domestic violence inthe home, and there is no basis to disturb that determination on appeal (see Matter of Stefani C., 61 AD3d681 [2009]).
Furthermore, the Family Court was entitled to draw a strong inference against the father uponhis failure to testify at the fact-finding hearing (see Matter of Nassau County Dept. of SocialServs. v Denise J., 87 NY2d 73, 79 [1995]; Matter of Tami G., 209 AD2d 869[1994]), and the Family Court providently exercised its discretion in doing so (see Matter of Andrew W. [RandolphA.W.], 83 AD3d 727 [2011]; Matter of Tajani B., 49 AD3d 876 [2008]; Matter of LeVonn G., 20 AD3d530 [2005]; Matter of Joseph C., 297 AD2d 673 [2002]).[*2]
The Family Court properly found that the Suffolk CountyDepartment of Social Services (hereinafter DSS) established by a preponderance of the evidencethat the father neglected the subject child (see Family Ct Act § 1046 [b]). DSSshowed that the child was actually or imminently harmed by reason of the father's failure toexercise even minimal care in providing her with proper oversight (see Family Ct Act§ 1012 [f] [i]; Matter of Afton C.[James C.], 17 NY3d 1 [2011]; Nicholson v Scoppetta, 3 NY3d 357, 372 [2004]; Matter of Angelique L., 42 AD3d569 [2007]).
In addition, DSS established by a preponderance of the evidence that the father neglected thechild by engaging in acts of domestic violence against the mother in the child's presence, therebycreating an imminent danger that the child's physical, mental, and emotional health would beharmed (see Matter of Jayda D.-B.,33 AD3d 998 [2006]; see alsoMatter of Briana F. [Oswaldo F.], 69 AD3d 718 [2010]).
The father's contention that he did not receive effective assistance of counsel is withoutmerit. The evidence, the law, and the circumstances of the case, viewed in totality and as of thetime of the representation, reveal that the father's attorney provided meaningful representation(see People v Baldi, 54 NY2d 137, 147 [1981]). Counsel presented a reasonable defense,made appropriate objections throughout the hearings, and effectively cross-examined witnesses.Unsuccessful trial strategies and tactics do not constitute ineffective assistance of counsel (see People v Smith, 12 AD3d 707[2004]; People v Adams, 12 AD3d523 [2004]; People vWashington, 5 AD3d 615 [2004]). Dillon, J.P., Eng, Sgroi and Miller, JJ., concur.