MATTER OF ELIZAH H.

8873, 8872.

171 A.D.3d 429 (2019)

95 N.Y.S.3d 520

2019 NY Slip Op 02476

In the Matter of O'Ryan Elizah H. and Others, Infants. Kairo E., Appellant; Commissioner of Social Services of the City of New York, Respondent.

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

Decided April 2, 2019.


The finding of neglect is supported by a preponderance of the evidence (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [b] [i]) and there is no basis to disturb the court's credibility determinations. The record shows that the children were subject to actual or imminent danger of injury or impairment to their emotional and mental condition as a result of their exposure to repeated incidents of domestic violence between the father and mother (Matter of Tyjaa...

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