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MATTER OF J.R.M.-C.

10231A, 10231.

176 A.D.3d 623 (2019)

110 N.Y.S.3d 676

2019 NY Slip Op 07742

In the Matter of J.R.M.-C. and Others, Children Alleged to be Neglected. Antonio M., Appellant; Administration for Children's Services, Respondent.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Law Office of Randall S. Carmel, Jericho ( Randall S. Carmel of counsel), for appellant.

Zachary W. Carter , Corporation Counsel, New York ( Deborah E. Wassel of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Riti P. Singh of counsel), attorney for the children.

Concur— Renwick, J.P., Manzanet-Daniels, Mazzarelli, Webber, Oing, JJ.

The finding of neglect was supported by a preponderance of the evidence (see Family Ct Act § 1046[b][i]; Matter of Tammie Z., 66 N.Y.2d 1, 3 [1985]). The testimony of the non-respondent mother and ACS caseworker at fact-finding demonstrated that on February 4, 2017, at about 3:00 a.m., the father neglected the three subject children by grabbing the mother by the throat, pushing...

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