IN RE: KHALIYAH VJELYTT W.-D. (2012)

IN RE: KHALIYAH VJELYTT W.-D., A Child Under Eighteen Years of Age, etc., Jasmine W., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.

Decided: October 23, 2012

TOM, J.P., ANDRIAS, SAXE, DeGRASSE, MANZANET–DANIELS, JJ.

Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondent. Andrew H. Rossmer, Bronx, attorney for the child.

Order of disposition, Family Court, Bronx County (Jane Pearl, J.), entered on or about November 18, 2011, which, following a fact-finding determination that respondent mother had neglected the subject child, released the child to the custody of respondent, with supervision by petitioner agency for a period of six months, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (Family Ct Act § 1046[b][i] ), including the police officer's testimony that respondent had assaulted her in the infant child's presence (see Family Ct Act § 1012[f][i][B]; Matter of Eugene L. [Julianna H.], 83 A.D.3d 490, 921 N.Y.S.2d 61 [1st Dept 2011]; Matter of Gianna C.-E. [Alonso E.], 77 A.D.3d 408, 907 N.Y.S.2d 754 [1st Dept 2010] ). There is no basis to disturb the Family Court's credibility findings or to conclude that the officer's testimony was tailored to avoid constitutional concerns (see Matter of Kelly A. [Ghyslaine G.], 95 A.D.3d 784, 784, 945 N.Y.S.2d 293 [1st Dept 2012] ).

The Family Court properly denied respondent's application for a suspended judgment, because she had not yet completed the required services (see Matter of Shaqualle Khalif W. [Denise W.], 96 A.D.3d 698, 699, 947 N.Y.S.2d 116 [1st Dept 2012] ).

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