Robert Marinelli, New York, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Ellen Ravitch of counsel), for respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and John A. Newbery of counsel), attorney for the children.
In two related child abuse proceedings pursuant to Family Court Act article 10, Corey R. appeals from (1) a fact-finding order of the Family Court, Kings County (Weinstein, J.), dated February 8, 2011, which, after a fact-finding hearing, found that he had abused Mya J. and derivatively abused Kayla R., and (2) an order of disposition of the same court dated March 9, 2011, which, upon the fact-finding order and after a dispositional hearing, inter alia, released the children to the custody of their mother.
ORDERED that the appeal from the fact-finding order is dismissed, without costs or disbursements, as the fact-finding order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,
ORDERED that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contention, the Family Court properly admitted into evidence the mother's statement to a police officer as an “adoptive admission” of the appellant ( People v. Campney, 94 N.Y.2d 307, 311–312, 704 N.Y.S.2d 916, 726 N.E.2d 468; see People v. Woodward, 50 N.Y.2d 922, 431 N.Y.S.2d 452, 409 N.E.2d 926). Further, the appellant's plea of guilty to endangering the welfare of a child was relevant to a determination of the issues in this proceeding and was properly considered by the Family Court ( see Ando v. Woodberry, 8 N.Y.2d 165, 168, 203 N.Y.S.2d 74, 168 N.E.2d 520).
The Family Court's finding that the appellant abused Mya J. and derivatively abused Kayla R. is supported by a preponderance of the evidence ( see Family Ct. Act §§ 1012[e][iii], 1046[b][i]; Matter of Carmen L., 37 A.D.3d 468, 469, 828 N.Y.S.2d 898). Where, as here, the Family Court is primarily confronted with issues of credibility, its findings must be accorded deference on appeal ( see Matter of Irene O., 38 N.Y.2d 776, 777, 381 N.Y.S.2d 865, 345 N.E.2d 337; Matter of Aminat O., 20 A.D.3d 480, 797 N.Y.S.2d 767).
The appellant's allegation of bias on the part of the Family Court is not supported *765 by the record ( see People v. Acosta, 241 A.D.2d 385, 386, 661 N.Y.S.2d 3; Matter of Tracey v. Tracey, 235 A.D.2d 838, 653 N.Y.S.2d 871).
SKELOS, J.P., FLORIO, BELEN and SGROI, JJ., concur.