| Matter of Davion A. (Marcel A.) |
| 2009 NY Slip Op 08862 [68 AD3d 406] |
| December 1, 2009 |
| Appellate Division, First Department |
| In the Matter of Davion A. and Others, Children Alleged to beNeglected. Marcel A., Appellant; Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Edward F.X. Hart of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), LawGuardian.
Order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on orabout June 24, 2008, which, following a fact-finding hearing determining that respondent fatherhad neglected his children, released them to the custody of their mother under the supervision ofpetitioner, unanimously affirmed, without costs.
The finding of neglect was supported by a preponderance of the evidence showing thatrespondent inflicted excessive corporal punishment on one of the children (see Matter of Devante S., 51 AD3d482 [2008]) and engaged in acts of domestic violence against the children's mother in theirpresence (see Matter of Elijah C.,49 AD3d 340 [2008]), which impaired or created an imminent danger of impairing theirphysical, emotional or mental well-being. No basis exists for disturbing the court's findings offact and assessment of credibility, which are supported by the record (see Matter of Fernando S., 63 AD3d610 [2009]). Concur—Tom, J.P., Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.