Opinion
8872 8873
04-02-2019
IN RE O'RYAN ELIZAH H., and Others, Children Under Eighteen Years of Age, etc., Kairo E., Respondent–Appellant, v. Commissioner of Social Services of the City of New York, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondent. Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for children.
Steven N. Feinman, White Plains, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondent.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for children.
Friedman, J.P., Gische, Tom, Gesmer, Moulton, JJ.
Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about February 15, 2018, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about November 30, 2017, which found that respondent father neglected the subject children, unanimously affirmed, without costs. Appeal from fact-finding order, unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
The finding of neglect is supported by a preponderance of the evidence (see Family Ct Act §§ 1012[f][i][B] ; 1046[b][i] ) and there is no basis to disturb the court's credibility determinations. The record shows that the children were subject to actual or imminent danger of injury or impairment to their emotional and mental condition as a result of their exposure to repeated incidents of domestic violence between the father and mother ( Matter of Tyjaa E.[Kareem McC.], 157 A.D.3d 420, 66 N.Y.S.3d 12 [1st Dept. 2018] ; Matter of Jihad H.[Fawaz H.], 151 A.D.3d 1063, 58 N.Y.S.3d 478 [2nd Dept. 2017] ). Impairment or an imminent danger of impairment to the physical, mental, or emotional condition of the subject children could be inferred from the father's conduct because the children were in close proximity to violence directed against a family member, even absent evidence that they were aware of or emotionally impacted by it ( Matter of Andru G.[Jasmine C.], 156 A.D.3d 456, 64 N.Y.S.3d 886 [1st Dept. 2017] ; Matter of Jalicia G.[Jacqueline G.], 130 A.D.3d 402, 13 N.Y.S.3d 49 [1st Dept. 2015] ; Matter of Angie G.[Jose D.G.], 111 A.D.3d 404, 974 N.Y.S.2d 369 [1st Dept. 2013] ).
In view of our affirmance of the court's finding of neglect based on domestic violence, we need not consider any other basis upon which the court found neglect.