Matter of Enrique V. (Vanessa F.)

Matter of Enrique V. (Jose U.V.) 2009 NY Slip Op 08952 [68 AD3d 427] December 3, 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 Enrique V. and Another, Children Alleged to be Neglected. Jose U.V., Appellant; Administration for Children's Services, Respondent, et al., Respondent.

—[*1] Steven N. Feinman, White Plains, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Kristin M. Helmers of counsel), for respondent.

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

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about August 4, 2008, which, upon a fact-finding determination that respondent father neglected his children, Enrique V. and Stephanie V., released the children to their mother's custody with 12 months of supervision by petitioner Administration for Children's Services, unanimously affirmed, without costs.

The finding of neglect against respondent was supported by a preponderance of the evidence, including testimony that he committed acts of domestic violence against the children's mother in the children's presence (see Family Ct Act § 1012 [f] [i] [B]). No expert or medical testimony is required to show that the violent acts exposed the children to an imminent risk of [*2]harm (Matter of Athena M., 253 AD2d 669 [1998]). There is no basis to disturb the court's credibility determinations (see Matter of Everett C. v Oneida P., 61 AD3d 489 [2009]). Concur—Gonzalez, P.J., Tom, Andrias, Nardelli and Richter, JJ.