Opinion
72-, 72A Dkt. Nos. NN-15455/19, NN-15456/19 Case No. 2021–04708
04-20-2023
In the MATTER OF KHALIF M. and Another, Children Under Eighteen Years of Age, etc., Malik M., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent.
Steven P. Forbes, Huntington, for appellant. Sylvia O. Hinds–Radix, Corporation Counsel, New York (Benjamin H. Pollak of counsel), for respondent.
Steven P. Forbes, Huntington, for appellant.
Sylvia O. Hinds–Radix, Corporation Counsel, New York (Benjamin H. Pollak of counsel), for respondent.
Oing, J.P., Gonza´lez, Shulman, Higgitt, JJ.
Order of disposition, Family Court, Bronx County (Ronna H. Gordon–Galchus, J.), entered on or about December 16, 2021, to the extent appealed from as limited by the briefs, bringing up for review a fact-finding order, same court and Justice, entered on or about December 1, 2021, 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 was supported by a preponderance of the evidence (see Family Ct Act §§ 1012[f][i][B] ; 1046[b][i]). The evidence shows that the children's emotional and mental conditions were impaired or in imminent danger of being impaired by their exposure to repeated acts of domestic violence committed by the father against the mother (see Matter of Athena M. [Manuel M.T.], 190 A.D.3d 644, 644–645, 136 N.Y.S.3d 740 [1st Dept. 2021]. Impairment or imminent danger of impairment may be inferred by the fact that the incidents occurred either in the presence of or in close proximity to the children ( Matter of Tyjaa E. [Kareem McC.], 157 A.D.3d 420, 420, 66 N.Y.S.3d 12 [1st Dept. 2018] ; Matter of Andru G. [Jasmine C.], 156 A.D.3d 456, 457, 64 N.Y.S.3d 886[1st Dept. 2017] ), and that the children were aware of and emotionally impacted by the violence, as demonstrated by their crying during one of the incidents (see Matter of Jermaine K.R. [Jermaine R.], 176 A.D.3d 648, 649, 110 N.Y.S.3d 678 [1st Dept. 2019] ). Furthermore, the court properly credited the mother's testimony in making its findings, and there is no basis to disturb the court's credibility determinations (see Matter of Irene O., 38 N.Y.2d 776, 778, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975] ; Matter of Madison H. [Demezz H.—Tabitha A.], 99 A.D.3d 475, 476, 952 N.Y.S.2d 124 [1st Dept. 2012] ).
We have considered the father's remaining arguments and find them unavailing.