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In re Niyah E.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 18, 2010

IN RE NIYAH E., A CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND EDWIN E., RESPONDENT-APPELLANT,
ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.

Order, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about January 15, 2009, which adjudged the child to be neglected by respondent father and released her to the custody of her mother, with supervision by petitioner, 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.

Mazzarelli, J.P., Saxe, Nardelli, Abdus-Salaam, RomÁn, JJ.

The finding of neglect was supported by a preponderance of the evidence, including testimony that respondent had engaged in acts of domestic violence against the child's mother in the presence of the child, and no expert or medical testimony is required to prove impairment or risk to the child under such circumstances (Matter of Elijah C., 49 AD3d 340 [2008]). There is no basis for disturbing the court's findings of fact and credibility determinations, which are supported by the record (see Matter of Davion A., 68 AD3d 406 [2009]).

Respondent's argument that he was deprived of the right to counsel, or of the effective assistance of counsel, is unpreserved, and in any event is without merit.

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

20100318

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