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In re Alesha P.

Supreme Court of New York, Fourth Department

December 27, 2013

IN THE MATTER OF ALESHA P. AND MACKENZIE P. OSWEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT; and AUDREY B., RESPONDENT-APPELLANT, and MICHAEL B., RESPONDENT.

Appeal from an order of the Family Court, Oswego County (Kimberly M. Seager, J.), entered April 3, 2012 in a proceeding pursuant to Family Court Act article 10. The order, inter alia, determined that respondent Audrey B. had abused her children.

AMDURSKY, PELKY, FENNELL & WALLEN, P.C., OSWEGO (COURTNEY S. RADICK OF COUNSEL), FOR RESPONDENT-APPELLANT.

NELSON LAW FIRM, MEXICO (ALLISON J. NELSON OF COUNSEL), FOR PETITIONER-RESPONDENT.

JOHN G. KOSLOSKY, ATTORNEY FOR THE CHILD, UTICA.

THEODORE W. STENUF, ATTORNEY FOR THE CHILD, MINOA.

PRESENT: SMITH, J.P., FAHEY, LINDLEY, VALENTINO, AND WHALEN, JJ.

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

Memorandum: Respondent mother appeals from an order of fact-finding and disposition determining that she abused her two daughters. Contrary to the mother's contention, Family Court's findings of abuse are supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Peter C., 278 A.D.2d 911, 911; Matter of Sarah C., 245 A.D.2d 1111, 1111-1112; Matter of Rhiannon B., 237 A.D.2d 935, 935). "We accord great weight and deference to [the c]ourt's determinations, including its 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 Arianna M. [Brian M.], 105 A.D.3d 1401, 1401, lv denied 21 N.Y.3d 862; see Peter C., 278 A.D.2d at 911).


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