- Bookmark
- Share
- CaseIQ
IN RE ERROL S
Appellate Division of the Supreme Court of New York, First Department.
Oct 27, 2009
Important Paras
Please sign up to view Important Paras.
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 ยง 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).
x
Alert
Please log in or sign up for a free trial to access this feature.