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IN THE MATTER OF ERROL

1284.

66 A.D.3d 579 (2009)

886 N.Y.S.2d 604

2009 NY Slip Op 7674

In the Matter of ERROL S., JR. and Another, Children Alleged to be Neglected. ERROL S., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 27, 2009.

The finding of neglect was supported by a preponderance of the evidence, including testimony that respondent committed acts of domestic violence against the mother often in the children's presence (Family Ct Act § 1012 [f] [i] [B]). These violent acts, including threatening the mother with a firearm, which was witnessed by one of the children while the other child slept nearby, exposed the children to an imminent risk of harm (see Matter of Elijah C., ...

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