| Matter of Bianca P. (Theodore A.P.) |
| 2012 NY Slip Op 03200 [94 AD3d 1126] |
| April 24, 2012 |
| Appellate Division, Second Department |
| In the Matter of Bianca P. Suffolk County Department of SocialServices, Respondent; Theodore A.P., Jr., Appellant. (Proceeding No. 1.) In the Matter ofTheodore P., III. Suffolk County Department of Social Services, Respondent; Theodore A.P., Jr.,Appellant. (Proceeding No. 2.) |
—[*1] Dennis M. Cohen, County Attorney, Central Islip, N.Y. (Karin A. Bohrer of counsel), forrespondent. Diane B. Groom, Central Islip, N.Y., attorney for the children.
In two related child protective proceedings pursuant to Family Court Act article 10, the fatherappeals from a fact-finding order of the Family Court, Suffolk County (Freundlich, J.), datedMay 4, 2011, which, after a hearing, found that he neglected the subject children.
Ordered that the fact-finding order is affirmed, without costs 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 Creighton v Whitmore, 71 AD3d 1141 [2010]). Here,contrary to the father's contention, the Family Court's finding of neglect as to the child Biancabased on his use of alcohol while driving a car in which she was a passenger and failing to puther into a child seat or restraint, is supported by a preponderance of the evidence (seeFamily Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]; Matter of Raima W., 59 AD3d 633, 634 [2009]; Matter of Heather D., 17 AD3d1087 [2005]; Matter of Pedro C.[Josephine B.], 1 AD3d 267, 268 [2003]). The evidence also supports a finding ofneglect with respect to the child Theodore based on the father's allowing Theodore to ride in a cardriven by a friend when he knew or should have known that the friend was intoxicated (see Matter of Nicholas M. [Santino T.],89 AD3d 1087 [2011]; Matter ofTylasia B. [Wayne B.], 72 AD3d 1074, 1075 [2010]). Balkin, J.P., Leventhal, Romanand Sgroi, JJ., concur.