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In the Matter of TAYLOR P., a Child Alleged to be Abused. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; TIAMIRRA H. et al., Appellants.

Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother's contention, the Family Court providently exercised its discretion in conforming the child neglect petition to the proof of child abuse adduced during the fact-finding hearing, and providing the parents with an opportunity to answer the amended allegations of abuse ( see Family Ct Act § 1051 [b]; Matter of LeVonn G., 20 AD3d 530, 531; cf. Matter of Latifah C., 34 AD3d 798, 800; Matter of Stephanie R., 21 AD3d 417, 418). The record demonstrates that the parents were not prejudiced by the court's determination.

The Family Court's determination in a child protective proceeding, where issues of credibility are presented, is entitled to great deference on appeal, as the court saw and heard the witnesses ( see Matter of Steven Glenn R., 51 AD3d 802, 803 ; Matter of Spillman v Spillman, 40 AD3d 770). The Family Court's determination that the petitioner established, by a preponderance of the evidence, that the parents abused Taylor P. or permitted Taylor P. to be abused, is supported by the record ( see Family Ct Act § 1012 [e] [i]).

The parents ` remaining contentions are without merit.

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IN RE TAYLOR P
(Jun 30, 2009)