In re Enrique V.

Appellate Division of the Supreme Court of New York

In re Enrique V.

68 A.D.3d 427, 888 N.Y.2d 747

Appellate Division of the Supreme Court of the State of New York·Decided December 3, 2009·Published

Opinion

The finding of neglect against respondent was supported by a preponderance of the evidence, including testimony that he committed acts of domestic violence against the children’s mother in the children’s presence (see Family Ct Act § 1012 [f] [i] [B]). No expert or medical testimony is required to show that the violent acts exposed the children to an imminent risk of harm (Matter of Athena M., 253 AD2d 669 [1998]). There is no basis to disturb the court’s credibility determinations (see Matter of Everett C. v Oneida P., 61 AD3d 489 [2009]). Concur— Gonzalez, P.J., Tom, Andrias, Nardelli and Richter, JJ.

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The finding of neglect against respondent was supported by a preponderance of the evidence, including testimony that he committed acts of domestic violence against the children’s mother in the children’s presence (see Family Ct Act § 1012 [f] [i] [B]). No expert or medical testimony is required to show that the violent acts exposed the children to an imminent risk of harm (Matter of Athena M., 253 AD2d 669 [1998]). There is no basis to disturb the court’s credibility determinations (see Matter of Everett C. v Oneida P., 61 AD3d 489 [2009]). Concur— Gonzalez, P.J., Tom, Andrias, Nardelli and Richter, JJ.

In re Enrique V., 68 A.D.3d 427, 888 N.Y.2d 747 (N.Y. Ct. App. 2009).

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Opinion

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