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MATTER OF HEILY A.

7252.

165 A.D.3d 457 (2018)

85 N.Y.S.3d 52

2018 NY Slip Op 06691

In the Matter of Heily A., an Infant. Flor F., Appellant; Administration for Children's Services, Respondent; Gustavo A., Respondent.

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

Decided October 9, 2018.

The finding that respondent mother neglected the child by permitting her to be exposed to incidents of domestic violence between the parents is supported by a preponderance of the evidence (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [b] [i]; Nicholson v Scoppetta, 3 N.Y.3d 357, 368 [2004]). Exposure to domestic violence is a proper basis for a neglect finding where the violence occurred in the child's presence resulting...

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