Opinion
6307
04-19-2018
IN RE ANNMARIE S.W., and Another, Children Under Eighteen Years of Age, etc., Raheem Sandford W., Respondent–Appellant, v. Administration for Children Services, Petitioner–Respondent
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Carolyn Walther of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Carolyn Walther of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Friedman, J.P., Richter, Andrias, Kapnick, Webber, JJ.
Order, Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about March 27, 2017, which, inter alia, after a hearing, found that respondent father neglected the subject children, unanimously affirmed, without costs.
A preponderance of the evidence establishes that respondent neglected the children by engaging in acts of domestic violence against the mother while in the children's presence (see Family Ct Act §§ 1012[f][i][B] ; 1046[b][i]; Matter of Jeremiah M., 290 A.D.2d 450, 738 N.Y.S.2d 585 [2d Dept. 2002] ). Respondent does not dispute that the children witnessed an incident in which he struck and choked the mother, and she stabbed him in the shoulder. There exists no basis to disturb the court's credibility determinations, including its rejection of respondent's claim that he was acting in self-defense (see e.g. Matter of Irene O., 38 N.Y.2d 776, 777, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975] ).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 domestic violence (see Matter ofSerenity H. [Tasha S.], 132 A.D.3d 508, 509, 19 N.Y.S.3d 22 [1st Dept. 2015] ). The older child's out-of-court statement that she felt bad during the altercation was corroborated by the mother's testimony that during the incident, the child screamed and the younger child cried (see Matter ofKrystopher D'A. [Amakoe D'A.], 121 A.D.3d 484, 485, 994 N.Y.S.2d 107 [1st Dept. 2014] ). The record further shows that the children were placed in imminent danger of physical harm due to their close proximity to the potentially deadly violence (see Matter ofIsabella S. [Robert T.], 154 A.D.3d 606, 607, 62 N.Y.S.3d 362 [1st Dept. 2017] ).