Garrett D., Respondent-Appellant. v. << (2004)

 In this proceeding pursuant to Family Ct. Act article 10, respondent appeals from an order of fact-finding and disposition adjudging that he neglected his children, Jace and Trent, and his stepchild, Shaylee.   Contrary to respondent's contention, the finding of neglect was supported by a fair preponderance of the evidence adduced at the hearing.   In reviewing a determination of neglect, we must accord great weight and deference to the determination of Family Court, including its drawing of inferences and assessment of credibility, and we should not disturb its determination unless clearly unsupported by the record (see Matter of Nichole SS., 296 A.D.2d 618, 619, 745 N.Y.S.2d 128;  Matter of Mary Ellen P. v. John R., 278 A.D.2d 750, 752, 718 N.Y.S.2d 442;  Matter of Emily PP., 274 A.D.2d 681, 683, 710 N.Y.S.2d 476).   Here, the court found credible the testimony of the police officers and case workers who responded to the scene and observed that the mother had red marks around her neck and throat area.   The court also chose to believe the out-of-court statement of 5-year-old Shaylee, who told an investigator that she was scared because her mother and father had been fighting in her presence.   Respondent himself testified to numerous instances of domestic violence between the couple, and acknowledged that he was charged with violating an order of protection on June 4, 2002.   We thus conclude that the evidence is sufficient to establish that the children were neglected by respondent.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: