Opinion
16642
01-14-2016
In re MOISES G., and Another, Dependent Children Under Eighteen Years of Age, etc., Luis G., Respondent–Appellant, Administration for Children's Services, Petitioner–Respondent.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Devin Slack of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), and Patterson Belknap Webb & Tyler LLP, New York (Cassey M. Cole of counsel), attorney for the children.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Devin Slack of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), and Patterson Belknap Webb & Tyler LLP, New York (Cassey M. Cole of counsel), attorney for the children.
Opinion
Order, Family Court, Bronx County (Joan L. Piccirillo, J.), entered on or about November 21, 2013, which, to the extent appealed from as limited by the briefs, found that respondent father had neglected the subject children, unanimously affirmed, without costs.
Family Court's finding of neglect is supported by a preponderance of the evidence (see Family Ct. Act § 1046[b][i] ), including testimony that the father had engaged in a severe act of domestic violence against the mother by stabbing her multiple times in their apartment while the children were in another room (see Matter of Madison M. [Nathan M.], 123 A.D.3d 616, 616, 999 N.Y.S.2d 70 1st Dept.2014; cf. Matter of Daphne G., 308 A.D.2d 132, 134, 763 N.Y.S.2d 583 1st Dept.2003 [vacating neglect finding where the child was in a foster home at the time of the alleged domestic violence] ). The evidence shows that the elder subject child heard the mother screaming for help, and that the mother was hospitalized for a month as a result of the incident. A single incident of domestic abuse is sufficient to support a finding of neglect where, as here, the father's judgment was strongly impaired and the children were harmed or in imminent danger of becoming harmed (see Matter of Jared S. [Monet S.], 78 A.D.3d 536, 536, 911 N.Y.S.2d 339 1st Dept.2010, lv. denied 16 N.Y.3d 705, 2011 WL 589734 2011; see also Family Ct. Act § 1012[f][i][B] ).
We perceive no reason to disturb Family Court's evaluation of the evidence, including its credibility determinations, as its findings are supported by a sound and substantial basis in the record (see Matter of Troy B. [Troy D.], 121 A.D.3d 570, 571, 993 N.Y.S.2d 906 1st Dept.2014; Matter of Jeromy J. [Latanya J.], 122 A.D.3d 1398, 1398–1399, 997 N.Y.S.2d 567 4th Dept.2014, lv. denied 25 N.Y.3d 901, 2015 WL 1422896 2015 ).