Matter of Alesha P. (Audrey B.)

Matter of Alesha P. (Audrey B.) 2013 NY Slip Op 08759 Released on December 27, 2013 Appellate Division, Fourth 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.

Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, LINDLEY, VALENTINO, AND WHALEN, JJ.
1318 CAF 12-00649

[*1]IN THE MATTER OF ALESHA P. AND MACKENZIE P. OSWEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, PETITIONER-RESPONDENT;

and

AUDREY B., RESPONDENT-APPELLANT, AND MICHAEL B., RESPONDENT.


Appeal from an order of the Family Court, Oswego County (Kimberly M. Seager, J.), entered April 3, 2012 in a proceeding pursuant to Family Court Act article 10. The order, inter alia, determined that respondent Audrey B. had abused her children.


AMDURSKY, PELKY, FENNELL & WALLEN, P.C., OSWEGO (COURTNEY S. RADICK OF COUNSEL), FOR RESPONDENT-APPELLANT.
NELSON LAW FIRM, MEXICO (ALLISON J. NELSON OF COUNSEL), FOR PETITIONER-RESPONDENT.
JOHN G. KOSLOSKY, ATTORNEY FOR THE CHILD, UTICA.
THEODORE W. STENUF, ATTORNEY FOR THE CHILD, MINOA.


It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent mother appeals from an order of fact-finding and disposition determining that she abused her two daughters. Contrary to the mother's contention, Family Court's findings of abuse are supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Peter C., 278 AD2d 911, 911; Matter of Sarah C., 245 AD2d 1111, 1111-1112; Matter of Rhiannon B., 237 AD2d 935, 935). "We accord great weight and deference to [the c]ourt's determinations, including its drawing of inferences and assessment of credibility,' and we will not disturb those determinations where, as here, they are supported by the record" (Matter of Arianna M. [Brian M.], 105 AD3d 1401, 1401, lv denied 21 NY3d 862; see Peter C., 278 AD2d at 911).
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court