Opinion
Nos. 2009-08542 (Docket Nos. N-18806-08, N-18807-08).
October 19, 2010.
In related child neglect proceedings pursuant to Family Court Act article 10, the father appeals from a fact-finding order of the Family Court, Queens County (Richter, J.), dated August 3, 2009, which, after a hearing, found that he neglected the subject children.
Elliot Green, Brooklyn, N.Y., for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Elizabeth I. Freedman of counsel; Bethany M. Bates on the brief), for respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler, Susan Clement, and Maria Chiu of counsel), attorney for the children.
Before: Mastro, J.P., Covello, Dickerson and Roman, JJ.
Ordered that the order is affirmed, without costs or disbursements.
Although an isolated incident of domestic violence outside the presence of a child is insufficient to establish neglect ( see Matter of Larry O., 13 AD3d 633; Matter of Davin G., 11 AD3d 462), the act of domestic violence in the instant case was neither isolated nor perpetrated outside the presence of the subject children. A pattern of domestic violence was alleged in the petition and supported by the mother's testimony at the fact-finding hearing.
The father's remaining contentions are without merit ( see Matter of Fa'Short S., 40 AD3d 863; Matter of Tiffany L., 294 AD2d 365, 366; Matter of Raymond Anthony A., 192 AD2d 529, 530).