Opinion
7191 7192
10-02-2018
IN RE JAMYA C., and Another, Dependent Children Under the Age of Eighteen Years, etc. Jermaine F., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent.
Larry S. Bachner, New York, for appellant. Zachary W. Carter, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent. Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), attorney for the children.
Larry S. Bachner, New York, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), attorney for the children.
Manzanet–Daniels, J.P., Tom, Webber, Oing, JJ.
Order of disposition, Family Court, Bronx County (Michael R. Milsap, J.), entered on or about September 14, 2017, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about July 18, 2017, 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 is supported by a preponderance of the evidence (see Family Ct Act §§ 1012[f][i][B] ; 1046[b][i] ). There was testimony from the mother that the father had engaged in domestic violence against her in the presence of the children, outside their school, thus subjecting the children to actual or imminent danger of injury or impairment to their emotional and mental condition (see Matter of Serenity H. [Tasha S.], 132 A.D.3d 508, 19 N.Y.S.3d 22 [1st Dept. 2015] ; Matter of Madison M. [Nathan M.], 123 A.D.3d 616, 999 N.Y.S.2d 70 [1st Dept. 2014] ). There exists no basis to disturb the court's evaluation of the evidence, including its credibility determinations (see Matter of Irene O., 38 N.Y.2d 776, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975] ; Matter of Moises G. [Luis G.], 135 A.D.3d 527, 24 N.Y.S.3d 239 [1st Dept. 2016] ).
We have considered the father's remaining arguments and find them unavailing.