Judges: Dejoseph, Peradotto, Smith, Valentino, Whalen
Filed Date: 11/21/2014
Status: Precedential
Modified Date: 10/19/2024
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered May 1, 2013 in a proceeding pursuant to Family Court Act article 10. The order, among other things, adjudged that respondent Latanya J. had neglected the subject children.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this neglect proceeding pursuant to Family Court Act article 10, respondent mother contends that Family Court’s determination that she neglected her children, issued following a fact-finding hearing, is not supported by legally sufficient evidence. Inasmuch as the petition alleged that the mother neglected the children in violation of Family Court Act § 1012 (f) (i) (B), the burden was on petitioner to “demonstrate by a preponderance of the evidence ‘first, that [the] child[ren]’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child [ren] is a consequence of the failure of the parent ... to exercise a minimum degree of care in providing the child[ren] with proper supervision or guardianship’ ” (Matter of Ilona H. [Elton HJ, 93 AD3d 1165, 1166 [2012], quoting Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; see §§ 1012 [¶] [i] [B]; 1046 [b] [i]). Furthermore, the trial court’s “findings of fact are accorded deference and will not be disturbed unless they lack a sound and substantial basis
Finally, “ £[e]ven assuming, arguendo, that we agree with the [mother] that the court did not adequately state the grounds for its determination, we conclude that the error is harmless because the determination is amply support [ed] by the record’ ” (Matter of Gada B. [Vianez V.], 112 AD3d 1368, 1369 [2013]; see generally Family Ct Act § 1051 [d]).