In re Davion A.

Appellate Division of the Supreme Court of New York

In re Davion A.

68 A.D.3d 406, 889 N.Y.2d 570

Appellate Division of the Supreme Court of the State of New York·Decided December 1, 2009·Published·Cited by 4 cases

Opinion

The finding of neglect was supported by a preponderance of the evidence showing that respondent inflicted excessive corporal punishment on one of the children (see Matter of Devante S., 51 AD3d 482 [2008]) and engaged in acts of domestic violence against the children’s mother in their presence (see Matter of Elijah C., 49 AD3d 340 [2008]), which impaired or created an imminent danger of impairing their physical, emotional or mental well-being. No basis exists for disturbing the court’s findings of fact and assessment of credibility, which [407] are supported by the record (see Matter of Fernando S., 63 AD3d 610 [2009]). Concur — Tom, J.E, Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.

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The finding of neglect was supported by a preponderance of the evidence showing that respondent inflicted excessive corporal punishment on one of the children (see Matter of Devante S., 51 AD3d 482 [2008]) and engaged in acts of domestic violence against the children’s mother in their presence (see Matter of Elijah C., 49 AD3d 340 [2008]), which impaired or created an imminent danger of impairing their physical, emotional or mental well-being. No basis exists for disturbing the court’s findings of fact and assessment of credibility, which [407] are supported by the record (see Matter of Fernando S., 63 AD3d 610 [2009]). Concur — Tom, J.E, Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.

In re Davion A., 68 A.D.3d 406, 889 N.Y.2d 570 (N.Y. Ct. App. 2009).

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Opinion

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