MATTER OF ELIJAH C.


49 A.D.3d 340 (2008)

852 N.Y.S.2d 764

In the Matter of ELIJAH C., a Child Alleged to be Neglected. MICHAEL C., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al., Respondent.

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

Decided March 13, 2008.


The finding of neglect against the father was supported by a preponderance of the evidence, including testimony that the much larger father committed acts of domestic violence against the legally blind mother in the child's presence (Family Ct Act § 1012 [f] [i] [B]). These violent acts exposed the child to an imminent risk of harm, and no expert or medical testimony is required to show impairment or risk thereof to the child as the result of the domestic violence (...

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