General
In the Matter of Enrique V. and Another, Children Alleged to be Neglected. Jose U.V., Appellant; Administration for Children's Services, Respondent, et al., Respondent
68 A.D.3d 427888 N.Y.S.2d 747·New York Supreme Court, Appellate Division·2009·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In the Matter of Enrique V. and Another, Children Alleged to be Neglected. Jose U.V., Appellant; Administration for Children’s Services, Respondent, et al., Respondent.
[888 NYS2d 747]
[MAJORITY]
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 in the children’s presence (see Family Ct Act § 1012 [f] [i] [B]). No expert or medical testimony is required to show that the violent acts exposed the children to an imminent risk of 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.