| Matter of Niyah E. (Edwin E.) |
| 2010 NY Slip Op 02066 [71 AD3d 532] |
| March 18, 2010 |
| Appellate Division, First Department |
| In the Matter of Niyah E., a Child Alleged to be Neglected. EdwinE., Appellant; Administration for Children's Services, Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Ellen Ravitch of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), LawGuardian.
Order, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about January15, 2009, which adjudged the child to be neglected by respondent father and released her to thecustody of her mother, with supervision by petitioner, unanimously affirmed, without costs.
The finding of neglect was supported by a preponderance of the evidence, includingtestimony that respondent had engaged in acts of domestic violence against the child's mother inthe presence of the child, and no expert or medical testimony is required to prove impairment orrisk to the child under such circumstances (Matter of Elijah C., 49 AD3d 340 [2008]). There is no basis fordisturbing the court's findings of fact and credibility determinations, which are supported by therecord (see Matter of Davion A.[Marcel A.], 68 AD3d 406 [2009]).
Respondent's argument that he was deprived of the right to counsel, or of the effectiveassistance of counsel, is unpreserved, and in any event is without merit.Concur—Mazzarelli, J.P., Saxe, Nardelli, Abdus-Salaam and RomÁn, JJ.