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In the Matter of ERROL S., JR. and Another, Children Alleged to be Neglected. ERROL S., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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; Matter of Andrew Y., 44 AD3d 1063, 1064), and there exists no basis to disturb the court's credibility determinations ( see Matter of Irene O., 38 NY2d 776).

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IN RE ERROL S
(Oct 27, 2009)