Opinion
10794 10794A
01-16-2020
IN RE KOBE N., and Another, Children Under Eighteen Years of Age, etc., Juan Carlos N., Respondent-Appellant, v. Administration for Children's Services, Petitioner-Respondent. Victoria S., Nonparty Respondent.
Carol Kahn, New York, for appellant. Zachary W. Carter, Corporation Counsel, New York (Claibourne Henry of counsel), for Administration for Children Services, respondent. Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for Victoria S., respondent. Janet Neustaetter, The Children's Law Center, Brooklyn (Louise Feld of counsel), attorney for the children.
Carol Kahn, New York, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Claibourne Henry of counsel), for Administration for Children Services, respondent.
Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for Victoria S., respondent.
Janet Neustaetter, The Children's Law Center, Brooklyn (Louise Feld of counsel), attorney for the children.
Friedman, J.P., Richter, Kern, Singh, JJ.
Order of disposition, Family Court, Bronx County (Fiordaliza A. Rodriguez, J.), entered on or about May 21, 2018, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about May 21, 2018, 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. A preponderance of the evidence shows that over the course of a number of years, the father neglected the children by committing multiple acts of domestic violence against the mother in the children's presence (see Family Ct Act §§ 1012[f][i][B] ; 1046[b][i]; Matter of Terrence B. [Terrence J.B.], 171 A.D.3d 463, 95 N.Y.S.3d 802 [1st Dept. 2019] ). In addition to the mother's testimony, medical records show that she was treated for bruises following the father's physical abuse (see Matter of Jaiden M. [Jeffrey R.], 165 A.D.3d 571, 87 N.Y.S.3d 166 [1st Dept. 2018] ). The evidence also shows that the father, while intoxicated, slapped and yelled at one of the children. There exists no basis to disturb the court's credibility determinations (see Matter of Irene O., 38 N.Y.2d 776, 777, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975] ; Matter of Sonia C. [Juana F.], 70 A.D.3d 468, 468–469, 895 N.Y.S.2d 363 [1st Dept. 2010] ).