| Matter of Negus T. (Fayme B.) |
| 2014 NY Slip Op 08651 [123 AD3d 836] |
| December 10, 2014 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Negus T. Administration for Children'sServices, Respondent; Fayme B., Appellant. |
Catherine S. Bridge, Staten Island, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela SeiderDolgow and Ellen Ravitch of counsel), for respondent.
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler, Laura Paley,and Amy Hausknecht of counsel), attorney for the child.
Appeal from an order of fact-finding of the Family Court, Kings County (Amanda E.White, J.), dated September 6, 2013. The order, after a fact-finding hearing, found thatthe mother neglected the subject child.
Ordered that the order is affirmed, without costs or disbursements.
At a fact-finding hearing in a neglect proceeding pursuant to Family Court Act article10, a petitioner has the burden of proving by a preponderance of the evidence that thesubject child was neglected (see Family Ct Act § 1046 [b] [i]; Nicholson v Scoppetta, 3NY3d 357, 368 [2004]; Matter of Tammie Z., 66 NY2d 1, 3 [1985]). Thehearing court's credibility determinations are accorded great weight (see Matter of China C. [AlexisC.], 116 AD3d 953 [2014]). Contrary to the mother's contention, the FamilyCourt's determination that she neglected the subject child was supported by apreponderance of the evidence. The evidence adduced at the hearing established that thesubject child was in imminent danger of becoming physically, mentally, or emotionallyimpaired as a result of the mother's mental illness (see Matter of Amber Gold J. [Vanessa J.], 88 AD3d 1001[2011]; Matter of Faith J., 47 AD3d 630 [2008]). The evidence furtherestablished that the mother maintained the child's home in a deplorable and unsanitarycondition (see Matter of MariahC. [Frey C.-M.], 84 AD3d 1372 [2011]; Matter of Isaac J. [Joyce J.], 75 AD3d 506 [2010]).
Accordingly, the Family Court properly found that the mother neglected the subjectchild. Dillon, J.P., Dickerson, Austin and Cohen, JJ., concur.