| Matter of Elijah J. (Phillip J.) |
| 2010 NY Slip Op 07544 [77 AD3d 835] |
| October 19, 2010 |
| Appellate Division, Second Department |
| In the Matter of Elijah J., a Child Alleged to be Neglected.Administration for Children's Services, Respondent; Phillip J., Appellant. (Proceeding No. 1.) Inthe Matter of Leah J., a Child Alleged to be Neglected. Administration for Children's Services,Respondent; Phillip J., Appellant. (Proceeding No. 2.) |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo andElizabeth I. Freedman of counsel; Bethany M. Bates on the brief), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler, Susan Clement, and Maria Chiu ofcounsel), attorney for the children.
In related child neglect proceedings pursuant to Family Court Act article 10, the fatherappeals from a fact-finding order of the Family Court, Queens County (Richter, J.), dated August3, 2009, which, after a hearing, found that he neglected the subject children.
Ordered that the order is affirmed, without costs or disbursements.
Although an isolated incident of domestic violence outside the presence of a child isinsufficient to establish neglect (seeMatter of Larry O., 13 AD3d 633 [2004]; Matter of Davin G., 11 AD3d 462 [2004]), the act of domesticviolence in the instant case was neither isolated nor perpetrated outside the presence of thesubject children. A pattern of domestic violence was alleged in the petition and supported by themother's testimony at the fact-finding hearing.
The father's remaining contentions are without merit (see Matter of Fa'Shon S., 40 AD3d 863 [2007]; Matter ofTiffany L., 294 AD2d 365, 366 [2002]; Matter of Raymond Anthony A., 192 AD2d529, 530 [1993]). Mastro, J.P., Covello, Dickerson and Roman, JJ., concur.