Matter of Errol S.

Matter of Errol S. 2009 NY Slip Op 07674 [66 AD3d 579] October 27, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

In the Matter of Errol S., Jr. and Another, Children Alleged to be Neglected. Errol S., Appellant; Administration for Children's Services, Respondent.

—[*1] Geoffrey P. Berman, Larchmont, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Louise Feld of counsel), Law Guardian.

Order, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about June 25, 2008, which, upon a finding that respondent father neglected the subject children, released the children to their mother and permitted weekly visits between respondent and the children, unanimously affirmed, without costs.

The finding of neglect was supported by a preponderance of the evidence, including testimony that respondent committed acts of domestic violence against the mother often in the children's presence (Family Ct Act § 1012 [f] [i] [B]). These violent acts, including threatening the mother with a firearm, which was witnessed by one of the children while the other child slept nearby, exposed the children to an imminent risk of harm (see Matter of Elijah C., 49 AD3d 340 [2008]; Matter of Andrew Y., 44 AD3d 1063, 1064 [2007]), and there exists no basis to disturb the court's credibility determinations (see Matter of Irene O., 38 NY2d 776 [1975]). Concur—Mazzarelli, J.P., Andrias, Moskowitz, Renwick and Richter, JJ.