IN RE: MERRICK T. and Rowan T. (2008)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: MERRICK T. and Rowan T. Ontario County Department of Social Services, Petitioner-Respondent; Susan M.-T., Respondent-Appellant.

Decided: October 03, 2008

PRESENT: MARTOCHE, J.P., SMITH, LUNN, PINE, AND GORSKI, JJ.

George R. Wiltsie, Ithaca, for Respondent-Appellant. John W. Park, County Attorney, Canandaigua (Holly A. Adams of Counsel), for Petitioner-Respondent. Anne S. Galbraith, Law Guardian, Canandaigua, for Merrick T. and Rowan T.

Respondent mother appeals from an order of disposition that, upon a finding that she neglected her two children, placed the mother and her children under the supervision of the Seneca County Department of Social Services for a period of one year. Contrary to the mother's contention, the finding of neglect is supported by a preponderance of the evidence (see Matter of Stephanie B., 245 A.D.2d 1062, 667 N.Y.S.2d 174). Following the fact-finding hearing, Family Court concluded that the mother “unreasonably ․ inflicted harm” upon one of her children (Family Ct. Act § 1012[f][i][B] ), and that the other child was derivatively neglected (see Matter of Michelle M., 52 A.D.3d 1284, 861 N.Y.S.2d 542). In reviewing the court's determinations, we must accord great weight and deference to them, “including [the court's] drawing of inferences and assessment of credibility,” and we will not disturb those determinations where, as here, they are supported by the record (Matter of Shaylee R., 13 A.D.3d 1106, 1106, 787 N.Y.S.2d 553).

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

MEMORANDUM:

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