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IN RE MERRICK

Appellate Division of the Supreme Court of New York, Fourth Department.
Oct 3, 2008
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It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent mother appeals from an order of disposition that, upon a finding that she neglected her two children, placed the mother and her children under the supervision of the Seneca County Department of Social Services for a period of one year. Contrary to the mother's contention, the finding of neglect is supported by a preponderance of the evidence ( see Matter of Stephanie B., 245 AD2d 1062). Following the fact-finding hearing, Family Court concluded that the mother "unreasonably . . . inflicted harm" upon one of her children (Family Ct Act ยง 1012 [f] [i] [B]), and that the other child was derivatively neglected ( see Matter of Michelle M., 52 AD3d 1284). In reviewing the court's determinations, we must accord great weight and deference to them, "including [the court's] 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 Shaylee R., 13 AD3d 1106, 1106).