| Matter of China C. (Alexis C.) |
| 2014 NY Slip Op 02776 [116 AD3d 953] |
| April 23, 2014 |
| Appellate Division, Second Department |
| In the Matter of China C. Westchester County Departmentof Social Services, Respondent; Alexis C., Appellant. (Proceeding No. 1.) In the Matterof Julian V. Westchester County Department of Social Services, Respondent; Alexis C.,Appellant. (Proceeding No. 2.) In the Matter of Julius V. Westchester CountyDepartment of Social Services, Respondent; Alexis C., Appellant. (Proceeding No.3.) |
—[*1] Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro-Blanco andThomas G. Gardiner of counsel), for respondent. Daniel D. Molinoff, Larchmont, N.Y., attorney for the children.
In three related neglect proceedings pursuant to Family Court Act article 10, themother appeals from a fact-finding order of the Family Court, Westchester County(Malone, J.), dated July 27, 2012, which, after a hearing, found that she neglected thesubject children.
Ordered that the fact-finding order is affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court's determination that sheneglected her children was supported by a preponderance of the evidence (seeFamily Ct Act §§ 1012 [f] [i] [A]; 1046 [b] [i]). Where, as here, issuesof credibility are presented, the hearing court's findings must be accorded great deference(see Matter of B. Children, 267 AD2d 307, 308 [1999]; Matter ofCommissioner of Social Servs. v Kim G., 240 AD2d 664, 665 [1997]). The credibleevidence adduced at the hearing established, inter alia, that the mother maintained herapartment in a deplorable and unsanitary condition, that the apartment was infested withflies for a period of at least several weeks prior to the date of a caseworker's visit, that themother maintained little or no edible food in the apartment in the period prior to andduring a caseworker's visit, that the apartment did not contain [*2]permanent beds for the children, and that the children wereunbathed, malodorous, and wearing unclean clothing and/or diapers on the date of acaseworker's visit. In addition, the hearing record showed that the mother declinedassistance that was offered by the caseworker. Under these circumstances, the FamilyCourt correctly determined that there was an imminent danger of impairment of thechildren's health as a result of the mother's conduct (see Matter of Jessica DiB., 6 AD3d 533, 534 [2004];Matter of Nathifa B., 294 AD2d 432 [2002]; Matter of Commissioner ofSocial Servs. v Anne F., 225 AD2d 620 [1996]; Matter of Lillian R., 196AD2d 503 [1993]). Dillon, J.P., Hall, Austin and Duffy, JJ., concur.