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MATTER OF EMILY S.

2783, 2782.

146 A.D.3d 599 (2017)

2017 NY Slip Op 00391

44 N.Y.S.3d 743

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

Appellate Division of the Supreme Court of New York, First Department.

Decided January 19, 2017.

The finding of neglect was supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Nicholson v Scoppetta, 3 N.Y.3d 357, 368 [2004]). Exposure to domestic violence is a proper basis for a neglect finding where the violence occurred in the child's presence and resulted in physical, mental or emotional impairment or imminent danger thereof (see Matter of Gianna A. [Jashua A.],

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