Matter of Ja'Mes G. (James G.)
2010 NY Slip Op 07382 [77 AD3d 484]
October 19, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


In the Matter of Ja'Mes G., a Child Alleged to be Neglected. James G., Appellant; Administration for Children's Services, Respondent.

[*1] Steven N. Feinman, White Plains, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Louise Feld of counsel), Law Guardian.

Amended order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about January 7, 2010, which, upon a finding that respondent father neglected the subject child, released the child to the custody of her mother under the supervision of petitioner, unanimously affirmed, without costs.

The finding of neglect was supported by a preponderance of the evidence, including testimony that respondent engaged in acts of domestic violence against the mother in the child's presence (see Matter of Elijah C., 49 AD3d 340 [2008]). There is no basis for disturbing the court's credibility determinations (see Matter of Irene O., 38 NY2d 776, 777 [1975]). Concur—Gonzalez, P.J., Tom, Catterson, Moskowitz and Richter, JJ.