Appellate Division of the Supreme Court of New York, 2015

Matter of Dante L. (Danac L.)

Matter of Dante L. (Danac L.)
Appellate Division of the Supreme Court of New York · Decided February 18, 2015
125 A.D.3d 862; 1 N.Y.S.3d 837
Matter of Dante L. (Danac L.)

Opinion

Appeal from an order of fact-finding and disposition of the Family Court, Suffolk County (David Freundlich, J.), dated November 7, 2013. The order, insofar as appealed from, after a hearing, found that the father neglected the subject child.

Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

At a fact-finding hearing in a neglect proceeding pursuant to Family Court Act article 10, a petitioner has the burden of proving by a preponderance of the evidence that the subject child was neglected (see Family Ct Act § 1046 [b] [i]; Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; Matter of Negus T. [Fayme B.], 123 AD3d 836 [2014]). The hearing court’s credibility determinations are accorded great weight (see Matter of Negus *863 T. [Fayme B.], 123 AD3d 836 [2014]; Matter of China C. [Alexis C.], 116 AD3d 953 [2014]). Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject child (see Family Ct Act § 1012 [f] [i] [B]; Matter of Jackson F. [Gabriel F], 121 AD3d 1114 [2014]).

The father’s remaining contentions are without merit.

Skelos, J.P., Balkin, Sgroi and LaSalle, JJ., concur.

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