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IN RE: BAILEE M.-B. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Margaret M.-B. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Cadence M.-B. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Margaret M.-B. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) In the Matter of Christian M.-B. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Margaret M.-B. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) In the Matter of Craig M.-B. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Margaret M.-B. (Anonymous), appellant, et al., respondent. (Proceeding No. 4) In the Matter of Damian M.-B. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Margaret M.-B. (Anonymous), appellant, et al., respondent. (Proceeding No. 5) In the Matter of Danielle Marie M. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Margaret M.-B. (Anonymous), appellant, et al., respondent. (Proceeding No. 6) In the Matter of Devin M.-B. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Margaret M.-B. (Anonymous), appellant, et al., respondent. (Proceeding No. 7)
In related child neglect proceedings pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of a fact-finding order of the Family Court, Orange County (Woods, J.), entered June 7, 2006, as, after a hearing, found that she neglected her children.
ORDERED that the fact-finding order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the mother's contention, the finding that she neglected the subject children was supported by a preponderance of the evidence (see Family Court Act § 1046[b][i] ). Where, as here, issues of credibility are presented, the hearing court's findings must be accorded great deference (see Matter of Todd D., 9 A.D.3d 462, 463, 780 N.Y.S.2d 180; Matter of Commissioner of Social Servs. v. Kim G., 240 A.D.2d 664, 665, 659 N.Y.S.2d 501). The credible evidence adduced at the fact-finding hearing established that the mother left the subject children alone in an unsafe and unsanitary motel room, with several dangerous instrumentalities exposed, including prescription medication and a steak knife. Furthermore, credible testimony established that the oldest child, who was 14 years old and suffered substance abuse problems and mental illnesses, of which the mother was aware, was incapable of providing proper supervision to her six siblings (see Matter of Todd D., 9 A.D.3d at 463, 780 N.Y.S.2d 180; Matter of Paul J., 6 A.D.3d 709, 710, 775 N.Y.S.2d 373; Matter of Jessica DiB., 6 A.D.3d 533, 534, 775 N.Y.S.2d 69; Matter of Nathifa B., 294 A.D.2d 432, 433, 742 N.Y.S.2d 646; Matter of Noemi B., 273 A.D.2d 304, 708 N.Y.S.2d 477). Accordingly, the Family Court correctly found that there was an imminent danger of impairment of the children's health as a result of the mother's conduct (see Matter of Todd D., 9 A.D.3d at 463, 780 N.Y.S.2d 180; Matter of Paul J., 6 A.D.3d at 710, 775 N.Y.S.2d 373; Matter of Jessica DiB., 6 A.D.3d at 534, 775 N.Y.S.2d 69; Matter of Nathifa B., 294 A.D.2d at 433, 742 N.Y.S.2d 646).
The mother's remaining contention is without merit.
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Decided: October 30, 2007
Court: Supreme Court, Appellate Division, Second Department, New York.
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