MATTER OF CESAR V.

Docket Nos. NN-30572/18, NN-30573/18. Appeal No. 14375. Case No. 2020-03045.

198 A.D.3d 502 (2021)

152 N.Y.S.3d 598

2021 NY Slip Op 05656

In the Matter of Cesar V. and Another, Infants. Jorge V., Appellant; Administration for Children's Services, Respondent.

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

Decided October 14, 2021.


Attorney(s) appearing for the Case

Harold, Salant, Strassfield & Spielberg, White Plains ( Jerold C. Rotbard of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Lorenzo Di Silvio of counsel), for respondent.

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

Concur—Kapnick, J.P., Singh, Shulman, Pitt, Higgitt, JJ.


Respondent's argument that the finding of neglect is not supported by a preponderance of the evidence is unpreserved, since he failed to move to dismiss the petition on that basis. In any event, we reject it on the merits. The record shows that respondent struck the children's mother in the family home while at least one of the children was present and that, although the child did not see respondent strike the mother, he saw the mother's resulting injury (see Matter of...

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