Matter of Safiyah T. (Tommie D.T.), 2015 NY Slip Op 08183 [133 AD3d 678]

November 12, 2015

Appellate Division, Second Department

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In the Matter of Safiyah T. Dutchess County Department of Social Services, Respondent; Tommie D.T., Appellant, et al., Respondent.

Gary E. Eisenberg, New City, N.Y., for appellant.

James Fedorchak, County Attorney, Poughkeepsie, N.Y. (Thomas E. Dietz of counsel), for petitioner-respondent.

Andrew W. Szczesniak, White Plains, N.Y., attorney for the child.

Appeal from an order of fact-finding of the Family Court, Dutchess County (Denise M. Watson, J.), dated June 2, 2014. The order, after a hearing, found that the father neglected the subject child.

Ordered that the order of fact-finding is affirmed, without costs or disbursements.

The Family Court’s finding that the father neglected the child was supported by a preponderance of the evidence presented at the fact-finding hearing ( see Matter of Beautisha B. [Racquirine A.] , 115 AD3d 854 , 854 [2014]; see also Family Ct Act § 1046 [b]; Matter of Tammie Z ., 66 NY2d 1, 3 [1985]). The Family Court’s determinations regarding the credibility of witnesses is entitled to considerable deference unless clearly unsupported by the record ( see Matter of Ariel R. [Danielle K.] , 118 AD3d 1010 , 1010 [2014]; Matter of Denis F., Jr. [Denis F., Sr.] , 112 AD3d 626 , 627 [2013]; Matter of Christiana C. [Carleton C.] , 86 AD3d 606 , 607 [2011]; Matter of Andrew B. [Deborah B.] , 73 AD3d 1036 , 1036 [2010]). A parent can be found to have neglected a child by refusing to take the child into his or her home and by indicating a desire to have no contact with, or responsibility for, the child ( see Matter of Ariel R. [Danielle K.] , 118 AD3d at 1010; Matter of Shawntay S. [Stephanie R.] , 114 AD3d 502 , 502 [2014]; Matter of Clayton OO. [Nikki PP.] , 101 AD3d 1411 , 1412 [2012]; Matter of Nyia L. [Egipcia E.C.] , 88 AD3d 882 , 883 [2011]; Matter of Jalil McC. [Denise C.] , 84 AD3d 1089 , 1090 [2011]; Matter of Janice G. [Linda H.] , 70 AD3d 1210 , 1211 [2010]). Here, the evidence demonstrated that, despite knowing that the child was homeless, the father abdicated his responsibility as a parent and made it clear that he did not feel it was his responsibility to provide for the child ( see Matter of Ariel R. [Danielle K.] , 118 AD3d at 1010; Matter of Shawntay S. [Stephanie R.] , 114 AD3d at 502; see Matter of Nyia L. [Egipcia E.C.] , 88 AD3d at 883; Matter of Jalil McC. [Denise C.] , 84 AD3d at 1090). Leventhal, J.P., Cohen, Duffy and LaSalle, JJ., concur..