| Matter of Elijah C. |
| 2008 NY Slip Op 02191 [49 AD3d 340] |
| March 13, 2008 |
| Appellate Division, First Department |
| In the Matter of Elijah C., a Child Alleged to be Neglected. MichaelC., Appellant; Administration for Children's Services, Respondent, et al.,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York City (Marta Ross of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York City (John A. Newbery of counsel),Law Guardian.
Order of fact-finding and disposition (one paper), Family Court, Bronx County (Gayle P.Roberts, J.), entered on or about March 8, 2006, which, to the extent appealed from, released thesubject child to respondent mother under the supervision of petitioner Administration forChildren's Services for one year upon a finding that respondent father neglected the child,unanimously affirmed, without costs.
The finding of neglect against the father was supported by a preponderance of the evidence,including testimony that the much larger father committed acts of domestic violence against thelegally blind mother in the child's presence (Family Ct Act § 1012 [f] [i] [B]). Theseviolent acts exposed the child to an imminent risk of harm, and no expert or medical testimony isrequired to show impairment or risk thereof to the child as the result of the domestic violence(see Matter of Athena M., 253 AD2d 669 [1998]). There exists no basis to disturb thecourt's credibility determinations (see Matter of Irene O., 38 NY2d 776 [1975]).Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ.