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In re Joel S.

Supreme Court of New York, First Department

October 3, 2013

In re Joel S., and Others, Children Under the Age of Eighteen Years, etc., and Charles C., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.

Neal D. Futerfas, White Plains, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the children.

Mazzarelli, J.P., Renwick, DeGrasse, Freedman, Feinman, JJ.

Order, Family Court, Bronx County (Monica Drinane, J.), entered on or about July 23, 2012, which, after a hearing, found that respondent father had neglected the children, unanimously affirmed, without costs.

The record supports the court's credibility determinations made in connection with its finding that the father neglected the children by using drugs in the home, by not participating in any drug rehabilitation program, and by expelling the mother and the children from the home on several occasions (Family Court Act § 1012[f][i][A], [B]; see also Matter of Keoni Daquan A. [Brandon W.-April A.], 91 A.D.3d 414 [1st Dept 2012]; Matter of Amondie T. [Karen S.], 107 A.D.3d 498 [1st Dept 2013]).

The father also admitted to at least one act of domestic violence against the mother. Even if the father's claim that the children were not in the home when he choked the mother is credited, the father's own admissions concerning his other neglectful behavior supported the court's finding (compare Matter of Eustace B. [Shondella M.], 76 A.D.3d 428, 429 [1st Dept 2010]).


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