| Matter of Jared S. (Monet S.) |
| 2010 NY Slip Op 08448 [78 AD3d 536] |
| November 18, 2010 |
| Appellate Division, First Department |
| In the Matter of Jared S. and Another, Children Alleged to be Neglected.Monet S., Appellant; Administration for Children's Services, Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), LawGuardian.
Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or aboutOctober 8, 2008, which, upon a fact-finding determination that respondent father neglected hischildren, inter alia, placed the subject children in the custody of the non-respondent mother under thesupervision of the Administration for Children's Services (ACS) for 12 months, referred the father toparenting skills and batterers' programs, and directed him to cooperate with other ACS referrals,unanimously affirmed, without costs.
The finding of neglect was supported by a preponderance of the evidence, including testimony thatthe father engaged in acts of domestic violence against the children's mother, and placed two knivesunder one child's chin at his throat, while threatening to kill the child (see Matter of Niyah E. [Edwin E.], 71AD3d 532, 533 [2010]; Matter ofEnrique V. [Jose U.V.], 68 AD3d 427 [2009]).
A single incident of domestic abuse is sufficient to support a finding of neglect where the parent'sjudgment was strongly impaired and the child was exposed to a risk of substantial harm, as here (see Matter of Kayla W., 47 AD3d571, 572 [2008]).
There are no grounds for disturbing the court's credibility determinations, including the weight to begiven to any inconsistencies in testimony, because the trial court was in the best position to observe andassess the demeanor of the witnesses (see Matter of Nathaniel T., 67 NY2d 838, 842[1986]).
The court providently exercised its discretion in limiting testimony concerning the mother's pasthistory of mental illness or "unusual behavior." Concur—Tom, J.P., Andrias, Nardelli, Acostaand DeGrasse, JJ.