| Matter of Enrique V. (Jose U.V.) |
| 2009 NY Slip Op 08952 [68 AD3d 427] |
| December 3, 2009 |
| Appellate Division, First Department |
| In the Matter of Enrique V. and Another, Children Alleged to beNeglected. Jose U.V., Appellant; Administration for Children's Services, Respondent, et al.,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Kristin M. Helmers of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Harris of counsel), LawGuardian.
Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or aboutAugust 4, 2008, which, upon a fact-finding determination that respondent father neglected hischildren, Enrique V. and Stephanie V., released the children to their mother's custody with 12months of supervision by petitioner Administration for Children's Services, unanimouslyaffirmed, without costs.
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 inthe children's presence (see Family Ct Act § 1012 [f] [i] [B]). No expert or medicaltestimony is required to show that the violent acts exposed the children to an imminent risk of[*2]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.