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In re Enrique V.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 3, 2009

IN RE ENRIQUE V., AND ANOTHER, CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND VANESSA F., RESPONDENT, JOSE U., RESPONDENT-APPELLANT, ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about August 4, 2008, which, upon a fact-finding determination that respondent father neglected his children, Enrique V. and Stephanie V., released the children to their mother's custody with 12 months of supervision by petitioner Administration for Children's Services, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Andrias, Nardelli, Richter, JJ.

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 Court 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]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091203

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