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MATTER OF ELIJAH J.

2009-08542.

77 A.D.3d 835 (2010)

909 N.Y.S.2d 375

In the Matter of ELIJAH J., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; PHILLIP J., Appellant. (Proceeding No. 1.) In the Matter of LEAH J., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; PHILLIP J., Appellant. (Proceeding No. 2.)

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

Decided October 19, 2010.

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 A.D.3d 633 [2004]; Matter of Davin G., 11 A.D.3d 462 [2004]), the act of domestic violence in the instant case was neither isolated nor perpetrated outside...

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