Opinion
01-19-2016
In re NAVEAH P., and Another, Children Under the Age of Eighteen Years, etc., Saquan P., et al., Respondents–Appellants, The Administration for Children's Services, Petitioner–Respondent.
Steven N. Feinman, White Plains, for Saquan P., appellant. Neal D. Futeras, White Plains, for Amanda B., appellant. Zachary W. Carter, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent.
Steven N. Feinman, White Plains, for Saquan P., appellant.
Neal D. Futeras, White Plains, for Amanda B., appellant.
Zachary W. Carter, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Claire V. Merkine of counsel), attorney for the children.
Orders of fact-finding and disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about June 30, 2014 and October 15, 2014, respectively, insofar as they determined that respondent parents neglected the subject children, unanimously affirmed, without costs.The findings of neglect are supported by a preponderance of the competent evidence (see Family Ct. Act § 1046[b][i], [iii] ; see also Matter of Daphne G., 308 A.D.2d 132, 135, 763 N.Y.S.2d 583 [1st Dept.2003] ). The record shows that the children were subject to actual or imminent danger of injury or impairment of their emotional and mental condition from exposure to repeated incidents of domestic violence occurring in respondents' one-room home, in close proximity to the two young children (see Matter of Carmine G. [Franklin G.], 115 A.D.3d 594, 982 N.Y.S.2d 318 [1st Dept.2014] ; Matter of Angie G. [Jose D.G.], 111 A.D.3d 404, 404–405, 974 N.Y.S.2d 369 [1st Dept.2013] ). Family Court's credibility determinations are entitled to deference on appeal (see Matter of Irene O., 38 N.Y.2d 776, 777–778, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975] ; Matter of Aaron C. [Grace C.], 105 A.D.3d 548, 963 N.Y.S.2d 208 [1st Dept.2013] ).
The out-of-court statements made by the father in front of the police officers who had been summoned were properly admitted under the excited utterance exception to the hearsay rule (see People v. Edwards, 47 N.Y.2d 493, 497, 419 N.Y.S.2d 45, 392 N.E.2d 1229 [1979] ). Moreover, his statements were corroborated by, among other things, the parents' certified hospital records, which showed that the father suffered a stab wound and the mother had bruise marks and human bite marks.
TOM, J.P., FRIEDMAN, SAXE, KAPNICK, JJ., concur.