MATTER OF NIVEYAMA C-T.

Docket Nos. NN-4095/19, NN-4096/19, NN-4097/19, 4098/19. Appeal No. 13866. Case No. 2020-01888.

194 A.D.3d 564 (2021)

148 N.Y.S.3d 107

2021 NY Slip Op 03248

In the Matter of Niveyama C-T. and Others, Infants. Antwon C-T., Appellant; Administration for Children's Services, Respondent, et al., Respondent.

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

Decided May 20, 2021.


Attorney(s) appearing for the Case

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

James E. Johnson , Corporation Counsel, New York ( Jessica Miller of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Patricia Colella of counsel), attorney for the children.

Concur—Acosta, P.J., Webber, Kennedy, Shulman, JJ.


The findings of neglect are supported by a preponderance of the evidence (see Family Ct Act §§ 1012[f][i][B]; 1046[b][i]). There exists no basis for disturbing the court's credibility determinations. The hearing testimony, including respondent's own testimony, establishes that respondent engaged in acts of domestic violence against the children's mother while the children were in the home and that the children were affected by what they witnessed (see...

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