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IN RE ZELDA MCM., A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., PATRICK L.-O. MCM., res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res

4765. IN RE ZELDA MCM., A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., PATRICK L.-O. MCM., res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res — Andrew J. Baer, New York, for ap — Zachary W. Carter, Corporation Counsel, New York (Jeremy W. Shweder of counsel), for res — KAREN FREEDMAN, LAWYERS FOR CHILDREN, INC., NEW YORK (SHIRIM NOTHENBERG OF COUNSEL), ATTORNEY FOR THE CHILD.—Order of fact-finding, Family Court, New York County (Jane Pearl, J.), entered on or about September 12, 2016, which found that respondent father had neglected the subject child, unanimously affirmed, without costs.

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4765. IN RE ZELDA MCM., A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., PATRICK L.-O. MCM., res-ap, ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res — Andrew J. Baer, New York, for ap — Zachary W. Carter, Corporation Counsel, New York (Jeremy W. Shweder of counsel), for res — KAREN FREEDMAN, LAWYERS FOR CHILDREN, INC., NEW YORK (SHIRIM NOTHENBERG OF COUNSEL), ATTORNEY FOR THE CHILD.—Order of fact-finding, Family Court, New York County (Jane Pearl, J.), entered on or about September 12, 2016, which found that respondent father had neglected the subject child, unanimously affirmed, without costs.

The findings of neglect are supported by a preponderance of the evidence (see Family Ct Act §1046[b] [i]). The mother’s testimony, which the court credited, was sufficient to establish that the father had committed acts of domestic violence against the mother on at least two occasions, while the child was in close proximity, thereby subjecting the child to actual or imminent danger of physical impairment (see e.g. Matter of Macin D. [Miguel D.], 148 AD3d 572, 573 [1st Dept 2017]; see also Matter of Kelly A. [Ghyslaine G.], 95 AD3d 784, 784 [1st Dept 2012]).

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