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MATTER OF ESTHER N.

Docket Nos. NN-10393/20, NN-10394/20, NN-10395/20, NN-10396/20, Appeal No. 16217, Case No. 2021-03717.

206 A.D.3d 564 (2022)

171 N.Y.S.3d 96

2022 NY Slip Op 04126

In the Matter of Esther N. and Others, Children Alleged to be Neglected. Onyebuchi N., Appellant; Administration for Children's Services, Respondent.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Steven N. Feinman, White Plains, for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Jeremy Pepper of counsel), for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (Marcia Egger of counsel), attorney for the children.

Concur—Manzanet-Daniels, J.P., Oing, González, Scarpulla, Higgitt, JJ.

The findings of neglect were supported by a preponderance of the evidence that the father committed acts of domestic violence in the presence of two of the children and while the other two children were in the apartment (see Family Ct Act §§ 1012[f][i][B]; 1046[b][i]; Matter of Tammie Z., 66 N.Y.2d 1, 3 [1985]). The credited testimony of the mother and the caseworker at the fact-finding hearing demonstrated that...

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