New York Supreme Court Appellate Division, First Department
December 6, 2012
IN RE MICHELLE L., AND OTHERS, CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., AND AISHA L., RESPONDENT-APPELLANT, ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.
Matter of Matter of Michelle L. (Aisha L.)
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 6, 2012
Tom, J.P., Mazzarelli, Moskowitz, Abdus-Salaam, Feinman, JJ.
Orders of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about October 6, 2011, which, following a fact-finding determination that respondent mother had neglected the subject children, released one of the children to her maternal grandmother, on consent, and the other child to respondent, on consent, with supervision for 12 months by petitioner agency and under certain conditions, unanimously affirmed, without costs.
The finding of neglect is supported by a preponderance of the evidence (Family Ct Act § 1046[b][i]), including the caseworker's testimony that respondent permitted her husband to baby-sit for one of the children even though the husband had thrown lighter fluid on respondent and had threatened to set her and the stepchildren on fire, had "poked" one of the stepchildren with a knife when the child tried to intervene in a fight between respondent and the husband, and used marijuana in the home (see Nicholson v Scoppetta, 3 NY3d 357, 371-372 ). There is no basis to disturb the court's credibility determinations (see Matter of Kelly A. [Ghyslaine G.], 95 AD3d 784 [1st Dept 2012]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: DECEMBER 6, 2012
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