Matter of Davion A. (Marcel A.)

Matter of Davion A. (Marcel A.) 2009 NY Slip Op 08862 [68 AD3d 406] December 1, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Davion A. and Others, Children Alleged to be Neglected. Marcel A., Appellant; Administration for Children's Services, Respondent.

—[*1] Howard M. Simms, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Edward F.X. Hart of counsel), for respondent.

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

Order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about June 24, 2008, which, following a fact-finding hearing determining that respondent father had neglected his children, released them to the custody of their mother under the supervision of petitioner, unanimously affirmed, without costs.

The finding of neglect was supported by a preponderance of the evidence showing that respondent inflicted excessive corporal punishment on one of the children (see Matter of Devante S., 51 AD3d 482 [2008]) and engaged in acts of domestic violence against the children's mother in their presence (see Matter of Elijah C., 49 AD3d 340 [2008]), which impaired or created an imminent danger of impairing their physical, emotional or mental well-being. No basis exists for disturbing the court's findings of fact and assessment of credibility, which are supported by the record (see Matter of Fernando S., 63 AD3d 610 [2009]). Concur—Tom, J.P., Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ.