New York Supreme Court Appellate Division, First Department
February 19, 2013
IN RE JOHN D., JR. AND ANOTHER, CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., AND JOHN D., RESPONDENT-APPELLANT, ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.
Matter of John D. (John D.)
Decided on February 19, 2013
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.
Tom, J.P., Moskowitz, Richter, Manzanet-Daniels, Clark, JJ.
Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about June 7, 2011, which, to the extent appealed from, after a hearing, found that respondent father neglected his children by committing acts of domestic violence in their presence, unanimously reversed, on the law and the facts, without costs, the finding of neglect vacated, and the petition dismissed as against respondent.
Petitioner failed to demonstrate by a preponderance of the evidence that respondent neglected his children by committing an act of domestic violence in their presence (see Family Ct Act § 1046[b][I]). The record is not clear that the children were in the room when the alleged domestic violence occurred.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 19, 2013
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