Opinion
10-31-2017
In re ELIJAH T., and Others, Children Under Eighteen Years of Age, etc., Melvin G., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Mackenzie Fillow of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.
Steven N. Feinman, White Plains, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Mackenzie Fillow of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.
Order, Family Court, Bronx County (Michael R. Milsap, J.), entered on or about August 30, 2016, which, after a hearing, found that respondent neglected the subject children, unanimously affirmed, without costs.
The finding of neglect was supported by a preponderance of the evidence including that respondent engaged in acts of domestic violence against the children's mother while the children were in the home and that they were being affected by what they were witnessing (see Matter of Madison M. [Nathan M.], 123 A.D.3d 616, 999 N.Y.S.2d 70 [1st Dept.2014] ; Matter of Kelly A. [Ghyslaine G.], 95 A.D.3d 784, 945 N.Y.S.2d 293 [1st Dept.2012] ). There exists no basis to disturb the Family Court's credibility determinations (see Matter of Jared S. [Monet S.], 78 A.D.3d 536, 911 N.Y.S.2d 339 [1st Dept.2010], lv. denied 16 N.Y.3d 705, 919 N.Y.S.2d 511, 944 N.E.2d 1151 [2011] ).
RICHTER, J.P., WEBBER, KERN, MOULTON, JJ., concur.