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MATTER OF ATHENA M.

Docket No. NN-14196/18. Appeal No. 12985. Case No. 2019-4154.

190 A.D.3d 644 (2021)

136 N.Y.S.3d 740

2021 NY Slip Op 00495

In the Matter of Athena M., a Child Alleged to be Neglected. Manuel M.T., Appellant; Administration for Children's Services, Respondent.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Susan Barrie , New York, for appellant.

James E. Johnson , Corporation Counsel, New York ( Julia Bedell of counsel), for respondent.

Karen Freedman , Lawyers for Children, Inc., New York ( Shirim Nothenberg of counsel), attorney for the child.

Concur—Kapnick, J.P., Mazzarelli, Kennedy, Mendez, JJ.

The finding of neglect is supported by a preponderance of the evidence, which shows that the child's mental and emotional condition was impaired or in imminent danger of becoming impaired as a result of her exposure to an incident of domestic violence committed by respondent against the child's mother (Family Ct Act §§ 1012[f][i][B]; 1046[b][i]; see Matter of Andru G. [Jasmine C.], 156 A.D.3d 456 [1st Dept 2017]). The fact...

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