| Matter of Jared M. (Ernesto C.) |
| 2012 NY Slip Op 06733 [99 AD3d 474] |
| October 9, 2012 |
| Appellate Division, First Department |
| In the Matter of Jared M. and Another, Children Alleged to beNeglected. Ernesto C., Appellant; Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Michael J. Pastor of counsel), forrespondent.
Order of fact-finding and disposition, Family Court, Bronx County (Jane Pearl, J.), enteredon or about December 21, 2011, which, insofar as appealed from, determined that respondent hadneglected the subject children for whom he was legally responsible, unanimously affirmed,without costs.
The finding of neglect was supported by a preponderance of the evidence (see FamilyCt Act § 1046 [b] [i]). The record shows that police responded to complaints of marijuanause in the apartment building where respondent lived with his girlfriend and her two youngchildren. A detective, upon smelling a strong odor of marijuana emanating from respondent'sapartment, knocked on the door, and when respondent answered, the detective saw marijuana inplain view. Following respondent's arrest, a search of the apartment recovered large amounts ofmarijuana located throughout the home, including over 130 individual packages of the substance.
Under the circumstances, the court properly found that respondent's conduct posed animminent danger to the children's physical, mental and emotional well-being (see FamilyCt Act § 1012 [f] [i]; Matter ofEugene L. [Julianna H.], 83 AD3d 490 [1st Dept 2011]; Matter of Michael R.,309 AD2d 590 [1st Dept 2003]). There is no basis to disturb the court's evaluation [*2]of the evidence, including its credibility determinations (see Matter of Ilene M., 19 AD3d106 [1st Dept 2005]). The fact that the children were not home at the time of respondent'sarrest does not warrant a different determination. Concur—Tom, J.P., Mazzarelli,Catterson, Renwick and DeGrasse, JJ.