Opinion
No. 3057.
March 13, 2008.
Order of fact-finding and disposition (one paper), Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about March 8, 2006, which, to the extent appealed from, released the subject child to respondent mother under the supervision of petitioner Administration for Children's Services for one year upon a finding that respondent father neglected the child, unanimously affirmed, without costs.
John J. Marafino, Mount Vernon, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), Law Guardian.
Before: Lippman, P.J., Andrias, Williams and McGuire, JJ.
The finding of neglect against the father was supported by a preponderance of the evidence, including testimony that the much larger father committed acts of domestic violence against the legally blind mother in the child's presence (Family Ct Act § 1012 [f] [i] [B]). These violent acts exposed the child to an imminent risk of harm, and no expert or medical testimony is required to show impairment or risk thereof to the child as the result of the domestic violence ( see Matter of Athena M., 253 AD2d 669). There exists no basis to disturb the court's credibility determinations ( see Matter of Irene O., 38 NY2d 776).