Opinion
2017–07003 Docket Nos. N–3308–16 N–3309–16
04-11-2018
In the MATTER OF ZAHYRE A. (Anonymous). Orange County Department of Social Services, respondent; v. Faye A. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Ja'Faysia M. (Anonymous). Orange County Department of Social Services, respondent; v. Faye A. (Anonymous), appellant. (Proceeding No. 2)
Alex Smith, Middletown, N.Y., for appellant. Langdon C. Chapman, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), for respondent. Keith G. Ingber, Thompson Ridge, N.Y., attorney for the children.
Alex Smith, Middletown, N.Y., for appellant.
Langdon C. Chapman, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), for respondent.
Keith G. Ingber, Thompson Ridge, N.Y., attorney for the children.
CHERYL E. CHAMBERS, J.P., SHERI S. ROMAN, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDERIn related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from an order of disposition of the Family Court, Orange County (Victoria B. Campbell, J.), entered May 30, 2017. The order of disposition, insofar as appealed from, after a hearing, and upon the consent of the mother to a finding of neglect without admission, determined that the best interests of the children required that they be placed in the custody of the Commissioner of Social Services of Orange County.
ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.
On July 21, 2016, the petitioner, Orange County Department of Social Services, filed a petition alleging that the mother neglected the subject children. Upon the mother's consent to a finding of neglect without admission, the Family Court, after a dispositional hearing, determined that the best interests of the children required that they be placed in the custody of the Commissioner of Social Services of Orange County. The mother appeals.
"The paramount concern in a dispositional hearing is the best interests of the child. The factors to be considered in making the determination include the parent or caretaker's capacity to properly supervise the child, based on current information and the potential threat of future abuse and neglect" ( Matter of Eric Z. [Guang Z.], 100 A.D.3d 646, 648, 953 N.Y.S.2d 644 [internal quotation marks omitted]; see Matter of Phillips N. [Joy N.], 104 A.D.3d 690, 961 N.Y.S.2d 216 ; Matter of Lemar H., 23 A.D.3d 383, 806 N.Y.S.2d 80 ). The Family Court's assessment of credibility of the witnesses is entitled to considerable deference unless clearly unsupported by the record (see Matter of Ariel R. [Danielle K.], 118 A.D.3d 1010, 1010, 989 N.Y.S.2d 82 ). Here, the Family Court properly determined that the mother's mental illness rendered her unable to ensure that the children obtain appropriate medical care and attend school regularly. Thus, the court properly placed the children in the custody of the Commissioner of Social Services of Orange County.
The mother's remaining contentions are either based on matters dehors the record and thus not properly before this Court (see Matter ofBrian S. [Tan ya S.], 141 A.D.3d 1145, 34 N.Y.S.3d 851 ; Matter ofGridley v. Syrko, 50 A.D.3d 1560, 857 N.Y.S.2d 838 ) or not preserved for appellate review (see Matter ofTia B., 257 A.D.2d 366, 683 N.Y.S.2d 44 ).
CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.