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IN RE ELIJAH J

Appellate Division of the Supreme Court of New York, Second Department.
Oct 19, 2010
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Ordered that the order is affirmed, without costs or disbursements.

Although an isolated incident of domestic violence outside the presence of a child is insufficient to establish neglect ( see Matter of Larry O., 13 AD3d 633; Matter of Davin G., 11 AD3d 462), the act of domestic violence in the instant case was neither isolated nor perpetrated outside the presence of the subject children. A pattern of domestic violence was alleged in the petition and supported by the mother's testimony at the fact-finding hearing.

The father's remaining contentions are without merit ( see Matter of Fa'Short S., 40 AD3d 863; Matter of Tiffany L., 294 AD2d 365, 366; Matter of Raymond Anthony A., 192 AD2d 529, 530).