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IN RE FERNANDO

Appellate Division of the Supreme Court of New York, First Department.
Jun 25, 2009
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The finding of neglect under Family Court Act § 1012 (f) based upon inadequate guardianship and supervision of the subject children was supported by a preponderance of the evidence, including appellant's admissions in connection with a plea in a federal court criminal proceeding that he sold illegal narcotics and possessed loaded firearms at the home of the subject children ( see Family Ct Act § 1046 [b] [i]). In reviewing the court's determinations, we must accord great weight and deference to them, including the court's assessment of credibility, and we will not disturb those determinations where, as here, they are supported by the record ( see Matter of Irene O., 38 NY2d 776, 777; Matter of Elijah C, 49 AD3d 340).

We have considered appellant's remaining contentions and find them unavailing.