Opinion
2014-09-23
In re JASMINE A., etc., and Others, Children Under the Age of Eighteen Years, etc., Albert G., Respondent–Appellant, Sabrina A., Respondent, Administration for Children's Services, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Dona B. Morris of counsel), for respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Dona B. Morris of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.
Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about August 12, 2013, which, after a fact-finding hearing, found that respondent father neglected the subject children, unanimously affirmed, without costs.
The finding of neglect is supported by a preponderance of the evidence ( seeFamily Ct. Act § 1012[f][i][B] ). The record shows that respondent repeatedly allowed the mother to return to the family home despite his awareness of the mother's history of drug use and the history of domestic violence. Additionally, respondent permitted the mother to return to the home in violation of an existing order of protection ( see Matter of Diamond Tyneshia B. [Aisha K.], 109 A.D.3d 740, 971 N.Y.S.2d 525 [1st Dept.2013], lv. denied22 N.Y.3d 855, 2013 WL 6097140 [2013] ).
The children's out-of-court statements regarding the mother's history of violence against respondent, were cross-corroborated by each others' statements, by their statements to petitioner agency's caseworkers, and by respondent's own statements ( see Matter of Alex R. [Maria R.], 81 A.D.3d 463, 915 N.Y.S.2d 568 [1st Dept.2013]; Family Ct. Act § 1046[a][vi] ). MAZZARELLI, J.P., RENWICK, ANDRIAS, RICHTER, FEINMAN, JJ., concur.