MATTER OF DAMARIS D.

8404.

169 A.D.3d 504 (2019)

94 N.Y.S.3d 44

2019 NY Slip Op 01148

In the Matter of Damaris D. and Another, Children Alleged to be Neglected. Durven D. Appellant; Administration for Children's Services, Respondent, et al., Respondent.

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

Decided February 14, 2019.


The finding of neglect is supported by a preponderance of the evidence, establishing that respondent's actions posed an imminent danger to the children's emotional and physical well-being (see Family Court Act §§ 1012 [f] [i] [B]; 1046 [b] [i]). The caseworker testified that one of the children saw respondent and the mother engage in numerous physical altercations, which frightened her. Respondent confirmed that the children exhibited signs of fear when he...

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