IN THE MATTER OF ERICH J

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Docket Number

2004-10094, 2004-10095.

Attorney(S)

Horn Horn, Huntington, N.Y. (Jeffrey S. Horn of counsel), for appellants. Robert C. Mitchell, Central Islip, N.Y. (Jayne Ann McPartlin of counsel), Law Guardian for the children.

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In the Matter of ERICH J., a Child Alleged to be Neglected. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DANIELA J. et al., Appellants. (Proceeding No. 1.) In the Matter of RINA J., a Child Alleged to be Neglected. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DANIELA J. et al., Appellants. (Proceeding No. 2.) In the Matter of NICHOLAS S., a Child Alleged to be Neglected. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DANIELA J. et al., Appellants. (Proceeding No. 3.) In the Matter of NINA S., a Child Alleged to be Neglected. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DANIELA J. et al., Appellants. (Proceeding No. 4.).

Ordered that the appeal from the decision is dismissed, without costs or disbursements, as no appeal lies from a decision ( see Schicchi v. J.A. Green Constr. Corp., 100 AD2d 509); and it is further,

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

A finding that a child is abused or neglected must be supported by a preponderance of the evidence ( see Family Ct Act § 1046 [b] [i]; Matter of Tammie Z., 66 NY2d 1). The evidence here, consisting of the children's out-of-court statements, corroborated by the appellants' admissions and the testimony of an employee of Suffolk County Child Protective Services, established that the appellants engaged in a pattern of neglect by the use of excessive corporal punishment ( see Family Ct Act § 1012 [f] [i] [B]). Where a determination depends upon the assessment of the credibility of witnesses, the findings of the hearing court are entitled to great weight ( see Matter of H. Children, 276 AD2d 485, 486-487). Here, the evidence was sufficient to support the Family Court's finding, including the derivative findings of neglect as to two of the subject children ( see Family Ct Act § 1046 [a] [vi]; [b] [i]; Matter of Rico D., 19 AD3d 416; Matter of Daniel L., 302 AD2d 321).

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