Matter of Khaliyah Vjelytt W.-D. (Jasmine W.)

Matter of Matter of Khaliyah Vjelytt W.-D. (Jasmine W.) 2012 NY Slip Op 07065 Decided on October 23, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 23, 2012
Tom, J.P., Andrias, Saxe, DeGrasse, Manzanet-Daniels, JJ.
8348

[*1]In re Khaliyah Vjelytt W.-D., A Child Under Eighteen Years of Age, etc.,

and

Jasmine W., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.




Law Office of Cabelly & Calderon, Jamaica (Lewis S.
Calderon of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Marta
Ross of counsel), for respondent.
Andrew H. Rossmer, Bronx, attorney for the child.

Order of disposition, Family Court, Bronx County (Jane Pearl, J.), entered on or about November 18, 2011, which, following a fact-finding determination that respondent mother had neglected the subject child, released the child to the custody of respondent, with supervision by petitioner agency for a period of six months, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (Family Ct Act § 1046[b][i]), including the police officer's testimony that respondent had assaulted her in the infant child's presence (see Family Ct Act § 1012[f][i][B]; Matter of Eugene L. [Julianna H.], 83 AD3d 490 [1st Dept 2011]; Matter of Gianna C.-E. [Alonso E.], 77 AD3d 408 [1st Dept 2010]). There is no basis to disturb the Family Court's credibility findings or to conclude that the officer's testimony was tailored to avoid constitutional concerns (see Matter of Kelly A. [Ghyslaine G.], 95 AD3d 784, 784 [1st Dept 2012]).

The Family Court properly denied respondent's application for a suspended judgment, because she had not yet completed the required services (see Matter of Shaqualle Khalif W. [Denise W.], 96 AD3d 698, 699 [1st Dept 2012]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 23, 2012 [*2]

CLERK