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In re Enrique

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 2009
68 A.D.3d 427 (N.Y. App. Div. 2009)

Opinion

No. 1635.

December 3, 2009.

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about August 4, 2008, which, upon a fact-finding determination that respondent father neglected his children, Enrique V and Stephanie V, released the children to their mother's custody with 12 months of supervision by petitioner Administration for Children's Services, unanimously affirmed, without costs.

Steven N. Feinman, White Plains, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Kristin M. Helmers of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Judith Harris of counsel), Law Guardian.

Before: Gonzalez, P.J., Tom, Andrias, Nardelli and Richter, JJ.


The finding of neglect against respondent was supported by a preponderance of the evidence, including testimony that he committed acts of domestic violence against the children's mother in the children's presence ( see Family Ct Act § 1012 [f] [i] [B]). No expert or medical testimony is required to show that the violent acts exposed the children to an imminent risk of harm ( Matter of Athena M., 253 AD2d 669). There is no basis to disturb the court's credibility determinations ( see Matter of Everett C. v Oneida P., 61 AD3d 489).


Summaries of

In re Enrique

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 2009
68 A.D.3d 427 (N.Y. App. Div. 2009)
Case details for

In re Enrique

Case Details

Full title:In the Matter of ENRIQUE V. and Another, Children Alleged to be Neglected…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 3, 2009

Citations

68 A.D.3d 427 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8952
888 N.Y.S.2d 747

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