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MATTER OF CLARENCE S.

16547, 16546

135 A.D.3d 436 (2016)

24 N.Y.S.3d 13

2016 NY Slip Op 00031

In the Matter of CLARENCE S., JR. and Others, Children Alleged to be Neglected. ANTHONY H. ANTHONY H., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided January 7, 2016.

A preponderance of the evidence at the fact-finding hearing establishes that respondent neglected the subject children by committing an act of domestic violence against their mother in the children's presence and hitting the oldest child in the head with an iron during the incident (see Nicholson v Scoppetta, 3 N.Y.3d 357, 372 [2004]; Family Ct Act § 1046 [b]). Family Court appropriately credited the testimony of an agency caseworker...

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