The court's finding of neglect is supported by a preponderance of the evidence (Family Ct Act §§ 1012[f][i][B]; 1046[b]). There is no basis for disturbing the court's credibility determinations. The out-of-court statements made by the older child and by appellant's other child that they witnessed appellant commit acts of domestic violence against the mother were corroborated by the mother's testimony (see Matter of Niveyama C-T. [Antwon C-T.],
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MATTER OF ZAMIR D.
Docket No. NN-32416/18. NN-32417/18. Appeal No. 14942. Case No. 2021-00003.
201 A.D.3d 403 (2022)
156 N.Y.S.3d 724
2022 NY Slip Op 00005
In the Matter of Zamir D. and Another, Children Alleged to be Neglected. Peter J.D., Appellant; Administration for Children's Services, Respondent, et al., Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided January 4, 2022.
Decided January 4, 2022.
Attorney(s) appearing for the Case
Law Office of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for appellant.
Georgia M. Pestana, Corporation Counsel, New York (Ellen Ravitch of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Concur—Gische, J.P., Singh, Mendez, Shulman, Pitt, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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