Appellate Division of the Supreme Court of New York, 2012

In re Bianca P.

Appellate Division of the Supreme Court of New York · Decided April 24, 2012

94 A.D.3d 1126; 943 N.Y.S.2d 200

Cases that cite this one

12 later published cases cite this decision.

Matter of Vivian M. (Melinda D.) (Appellate Division of the Supreme Court of New York 2020)
Matter of Justice L. (Jessica L.) (Appellate Division of the Supreme Court of New York 2019)
Matter of Essence J. (Shawn N.) (Appellate Division of the Supreme Court of New York 2016)
Matter of Emmett RR. (Appellate Division of the Supreme Court of New York 2015)
In re Samantha R. (Appellate Division of the Supreme Court of New York 2014)
In re Samantha R. (Appellate Division of the Supreme Court of New York 2014)
In re Darcy Y. (Appellate Division of the Supreme Court of New York 2013)
In re Darcy Y. (Appellate Division of the Supreme Court of New York 2013)
In re Amelia V.M.B. (Appellate Division of the Supreme Court of New York 2013)
In re Amelia V.M.B. (Appellate Division of the Supreme Court of New York 2013)
In re Kristina Mc. (Appellate Division of the Supreme Court of New York 2012)
In re Kristina Mc. (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In two related child protective proceedings pursuant to Family Court Act article 10, the father appeals from a fact-finding order of the Family Court, Suffolk County (Freundlich, J.), dated May 4, 2011, which, after a hearing, found that he neglected the subject children.

Ordered that the fact-finding order is affirmed, without costs or disbursements.

The Family Court’s determination regarding the credibility of witnesses is entitled to great weight on appeal unless clearly unsupported by the record (see Matter of Creighton v Whitmore, 71 AD3d 1141 [2010]). Here, contrary to the father’s contention, the Family Court’s finding of neglect as to the child Bianca based on his use of alcohol while driving a car in which she was a passenger and failing to put her into a child seat or restraint, *1127is supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]; Matter of Raima W., 59 AD3d 633, 634 [2009]; Matter of Heather D., 17 AD3d 1087 [2005]; Matter of Pedro C. [Josephine B.], 1 AD3d 267, 268 [2003]). The evidence also supports a finding of neglect with respect to the child Theodore based on the father’s allowing Theodore to ride in a car driven by a friend when he knew or should have known that the friend was intoxicated (see Matter of Nicholas M. [Santino T.], 89 AD3d 1087 [2011]; Matter of Tylasia B. [Wayne B.], 72 AD3d 1074, 1075 [2010]). Balkin, J.P., Leventhal, Roman and Sgroi, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.