Majority
p. 678In the Matter of Safiyah T. Dutchess County Department of Social Services, Respondent; Tommie D.T., Appellant, et al., Respondent. [18 NYS3d 878]
Appeal from an order of fact-finding of the Family Court, Dutchess County (Denise M. Watson, J.), dated June 2, 2014. The order, after a hearing, found that the father neglected the subject child.
Ordered that the order of fact-finding is affirmed, without costs or disbursements.
p. 679
The Family Court’s finding that the father neglected the child was supported by a preponderance of the evidence presented at the fact-finding hearing (see Matter of Beautisha B. [Racquirine A.], 115 AD3d 854 , 854 [2014]; see also Family Ct Act § 1046 [b]; Matter of Tammie Z., 66 NY2d 1 , 3 [1985]). The Family Court’s determinations regarding the credibility of witnesses is entitled to considerable deference unless clearly unsupported by the record (see Matter of Ariel R. [Danielle K.], 118 AD3d 1010 , 1010 [2014]; Matter of Denis F., Jr. [Denis F., Sr.], 112 AD3d 626 , 627 [2013]; Matter of Christiana C. [Carleton C.], 86 AD3d 606 , 607 [2011]; Matter of Andrew B. [Deborah B.], 73 AD3d 1036 , 1036 [2010]). A parent can be found to have neglected a child by refusing to take the child into his or her home and by indicating a desire to have no contact with, or responsibility for, the child (see Matter of Ariel R. [Danielle K.], 118 AD3d at 1010 ; Matter of Shawntay S. [Stephanie R.], 114 AD3d 502 , 502 [2014]; Matter of Clayton OO. [Nikki PP.], 101 AD3d 1411 , 1412 [2012]; Matter of Nyia L. [Egipcia E.C.], 88 AD3d 882 , 883 [2011]; Matter of Jalil McC. [Denise C.], 84 AD3d 1089 , 1090 [2011]; Matter of Janice G. [Linda H.], 70 AD3d 1210 , 1211 [2010]). Here, the evidence demonstrated that, despite knowing that the child was homeless, the father abdicated his responsibility as a parent and made it clear that he did not feel it was his responsibility to provide for the child (see Matter of Ariel R. [Danielle K.], 118 AD3d at 1010 ; Matter of Shawntay S. [Stephanie R.], 114 AD3d at 502 ; see Matter of Nyia L. [Egipcia E.C.], 88 AD3d at 883 ; Matter of Jalil McC. [Denise C.], 84 AD3d at 1090 ). Leventhal, J.P., Cohen, Duffy and LaSalle, JJ., concur.
Cases cited
- In re Beautisha B. 115 AD3d 854 at 854 p. 679
- In re Tammie Z. 66 NY2d 1 at 3 p. 679
- In re Ariel R. 118 AD3d 1010 at 1010 p. 679
- In re Denis F. 112 AD3d 626 at 627 p. 679
- In re Christiana C. 86 AD3d 606 at 607 p. 679
- In re Andrew B. 73 AD3d 1036 at 1036 p. 679
- In re Clayton OO. 101 AD3d 1411 at 1412 p. 679
- In re Nyia L. 88 AD3d 882 at 883 p. 679
- In re Janice G. 70 AD3d 1210 at 1211 p. 679