child or within hearing in New York

2024"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Jermaine T. [Jairam T.] , 193 AD3d 943, 945 ; see Matter of Sydelle P. [Alvin P.] , 210 AD3d 1098, 1099-1100 ).

2023"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Divine K.M. [Andre G.] , 211 AD3d at 735 ; see Matter of Sydelle P. [Alvin P.] , 210 AD3d at 1100 ).

2026"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" (<i>Matter of Manuel G. [Anonymous], Jr.</i>, ___ AD3d ___, ___, 2026 NY Slip Op 01061, *2 [internal quotation marks omitted]; <i>see</i> <i>Matter of Nina P. [Giga P.]</i>, 180 AD3d 1047, 1047 ).

2026"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Nina P. [Giga P.] , 180 AD3d 1047, 1047 ; see Matter of Xierra N. [Lewis N.] , 226 AD3d 790 , 790).

2024Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding ( see Matter of Jihad H. [Fawaz H.] , 151 AD3d 1063, 1064 ; Matter of Sapphire G. [Samarj L.G.] , 136 AD3d 687, 687 ).

2023Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding ( see Matter of Na'ima W. [Kenyatta W.] , 192 AD3d 1127, 1128 ; Matter of Jihad H. [Fawaz H.] , 151 AD3d 1063, 1064 ).

2026"A finding of neglect is proper where a preponderance of the evidence establishes that the child's physical, mental, or emotional condition was impaired or was in danger of becoming impaired by the parent's commission of an act, or acts, of domestic violence in the child's presence" ( Matter of Asani J. [Assata J.] , 245 AD3d at 712 [internal quotation marks omitted]). "'Even a single act of domestic violence, either in the presence of the child or within the hearing of the child, may be sufficient for a neglect finding'" ( id. , quoting Matter of Divine K.M. [Andre G.] , 211 AD3d 733, 735 ; s

2026"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Divine K.M. [Andre G.] , 211 AD3d 733, 735 ).

2026"A finding of neglect is proper where a preponderance of the evidence establishes that the child's physical, mental, or emotional condition was impaired or was in danger of becoming impaired by the parent's commission of an act, or acts, of domestic violence in the child's presence" ( Matter of Asani J. [Assata J.] , 245 AD3d at 712 [internal quotation marks omitted]). "'Even a single act of domestic violence, either in the presence of the child or within the hearing of the child, may be sufficient for a neglect finding'" ( id. , quoting Matter of Divine K.M. [Andre G.] , 211 AD3d 733, 735; se

2026"A finding of neglect is proper where a preponderance of the evidence establishes that the child's physical, mental, or emotional condition was impaired or was in danger of becoming impaired by the parent's commission of an act, or acts, of domestic violence in the child's presence" ( Matter of Asani J. [Assata J.] , 245 AD3d at 712 [internal quotation marks omitted]). "'Even a single act of domestic violence, either in the presence of the child or within the hearing of the child, may be sufficient for a neglect finding'" ( id. , quoting Matter of Divine K.M. [Andre G.] , 211 AD3d 733, 735 ; s

2025"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Divine K.M. [Andre G.] , 211 AD3d 733, 735 ; see Matter of Eternity S. [Vanessa P.] , 183 AD3d 748, 751 ).

2025"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Eternity S. [Vanessa P.] , 183 AD3d 748, 751 [internal quotation marks omitted]; see Matter of Divine K.M. [Andre G.] , 211 AD3d at 735 ).

2024"Where the hearing court is presented with sharply conflicting accounts regarding the subject events, and chooses to credit the testimony of certain witnesses over that of others, its determination will not be disturbed unless clearly unsupported by the record" ( Matter of Sydelle P. [Alvin P.] , 210 AD3d at 1100 [internal quotation marks omitted]; see Matter of Shalom A. [Codjo A.] , 215 AD3d at 827 ).

2024"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Melanie T. [Eric F.] , 217 AD3d at 873 [internal quotation marks omitted]; see Matter of Shalom A. [Codjo A.] , 215 AD3d 825, 827 ).

2026"Furthermore, impairment or imminent danger of physical impairment should also be inferred from the subject children's proximity to violence directed against a family member, 'even absent evidence that they were aware of or emotionally impacted by the violence'" ( Matter of Najaie C. [Niger C.] , 173 AD3d 1011, 1012, quoting Matter of Andru G. [Jasmine C.] , 156 AD3d 456, 457).

2026"Furthermore, impairment or imminent danger of physical impairment should also be inferred from the subject children's proximity to violence directed against a family member, 'even absent evidence that they were aware of or emotionally impacted by the violence'" ( Matter of Najaie C. [Niger C.] , 173 AD3d 1011 , 1012, quoting Matter of Andru G. [Jasmine C.] , 156 AD3d 456, 457 ).

2026"Furthermore, impairment or imminent danger of physical impairment should also be inferred from the subject children's proximity to violence directed against a family member, even absent evidence that they were aware of or emotionally impacted by the violence" ( Matter of Najaie C. [Niger C.] , 173 AD3d 1011 , 1012 [internal quotation marks omitted]; see Matter of Xierra N. [Lewis N.] , 226 AD3d at 790-791).

2026"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Nina P. [Giga P.] , 180 AD3d 1047, 1047 ; see Matter of Xierra N. [Lewis N.] , 226 AD3d 790 , 790).

2026"Furthermore, impairment or imminent danger of physical impairment should also be inferred from the subject children's proximity to violence directed against a family member, even absent evidence that they were aware of or emotionally impacted by the violence" (<i>Matter of Najaie C. [Niger C.]</i>, 173 AD3d 1011 , 1012 [internal quotation marks omitted]; <i>see</i> <i>Matter of Xierra N. [Lewis N.]</i>, 226 AD3d 790 , 790-791).</p> <p>"In neglect proceedings, unsworn out-of-court statements of the children may be received and, if properly corroborated, will support a finding of abuse or negle

2023"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Jermaine T. [Jairam T.] , 193 AD3d 943, 945 ; see Matter of Mariliz G. [Jamie G.] , 207 AD3d 627 , 628).

2025"Nevertheless, exposing a child to domestic violence is not presumptively neglectful [as] [n]ot every child exposed to domestic violence is at risk of impairment" ( Matter of Eternity S. [Vanessa P.] , 183 AD3d at 751 [internal quotation marks omitted]; see Matter of Kingston T. [Diamond T.] , 209 AD3d at 744 ).

2024Upon our independent review of the record, we find that the evidence does not support the Family Court's finding that the allegations of neglect were proven by a preponderance of evidence ( see Family Court Act § 1046[b][i]; Matter of Kingston T. [Diamond T.] , 209 AD3d 743, 745 ; Matter of Destiny H. [Valerie B.] , 83 AD3d at 939-940 ).

2024The mother appeals. "'[A] party seeking to establish neglect must show, by a preponderance of the evidence, first, that a child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship'" ( Matter of Jaylen S. [Richard S.] , 214 AD3d 885, 885 , quoting Nicholson v Scoppetta , 3 NY3d 357, 368 [citation omitted]; see Family Ct Act §§

2024The mother appeals. "'[A] party seeking to establish neglect must show, by a preponderance of the evidence, first, that a child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship'" ( Matter of Jaylen S. [Richard S.] , 214 AD3d 885, 885 , quoting Nicholson v Scoppetta , 3 NY3d 357, 368 [citation omitted]; see Family Ct Act §§

2023"Where the hearing court is presented with sharply conflicting accounts regarding the subject events, and chooses to credit the testimony of certain witnesses over that of others, its determination will not be disturbed unless clearly unsupported by the record" ( Matter of Sydelle P. [Alvin P.] , 210 AD3d at 1100 [internal quotation marks omitted]; see Matter of Skye H. [Tianna S.] , 195 AD3d at 713 ).

2022"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Skye H. [Tianna S.] , 195 AD3d 711 , 714; see Matter of Boobacar R. [Curtis G.] , 188 AD3d 1073 , 1075; Matter of Kiara C. [David C.] , 85 AD3d 1025, 1026 ).

2022"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Skye H. [Tianna S.] , 195 AD3d 711 , 714; see Matter of Boobacar R. [Curtis G.] , 188 AD3d 1073 , 1075; Matter of Kiara C. [David C.] , 85 AD3d 1025, 1026 ).

2021Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding ( see Matter of Jermaine T. [Jairam T.] , 193 AD3d 943 ; Matter of Boobacar R. [Curtis G.] , 188 AD3d at 1075 ; Matter of Eternity S. [Vanessa P.] , 183 AD3d at 751 ).

2026Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding ( see Matter of Abdul R. [Abdul G.] , 225 AD3d 881, 882).

2026Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding ( see Matter of Abdul R. [Abdul G.] , 225 AD3d 881 , 882).

2026"A finding of neglect is proper where a preponderance of the evidence establishes that the child's physical, mental, or emotional condition was impaired or was in danger of becoming impaired by the parent's commission of an act, or acts, of domestic violence in the child's presence" ( Matter of Asani J. [Assata J.] , 245 AD3d at 712 [internal quotation marks omitted]). "'Even a single act of domestic violence, either in the presence of the child or within the hearing of the child, may be sufficient for a neglect finding'" ( id. , quoting Matter of Divine K.M. [Andre G.] , 211 AD3d 733, 735 ; s

2026"A finding of neglect is proper where a preponderance of the evidence establishes that the child's physical, mental, or emotional condition was impaired or was in danger of becoming impaired by the parent's commission of an act, or acts, of domestic violence in the child's presence" ( Matter of Asani J. [Assata J.] , 245 AD3d at 712 [internal quotation marks omitted]). "'Even a single act of domestic violence, either in the presence of the child or within the hearing of the child, may be sufficient for a neglect finding'" ( id. , quoting Matter of Divine K.M. [Andre G.] , 211 AD3d 733, 735 ; s

2026"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" (<i>Matter of Manuel G. [Anonymous], Jr.</i>, ___ AD3d ___, ___, 2026 NY Slip Op 01061, *2 [internal quotation marks omitted]; <i>see</i> <i>Matter of Nina P. [Giga P.]</i>, 180 AD3d 1047, 1047 ).

2024The mother appeals. "'[A] party seeking to establish neglect must show, by a preponderance of the evidence, first, that a child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship'" ( Matter of Jaylen S. [Richard S.] , 214 AD3d 885, 885 , quoting Nicholson v Scoppetta , 3 NY3d 357, 368 [citation omitted]; see Family Ct Act §§

2024The mother appeals. "'[A] party seeking to establish neglect must show, by a preponderance of the evidence, first, that a child's physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship'" ( Matter of Jaylen S. [Richard S.] , 214 AD3d 885, 885 , quoting Nicholson v Scoppetta , 3 NY3d 357, 368 [citation omitted]; see Family Ct Act §§

2024Here, contrary to the determination of the Family Court, a preponderance of the evidence established that the father neglected the children by perpetrating acts of domestic violence against the mother in their presence ( see Matter of Jubilee S. [James S.] , 149 AD3d at 967 ; Matter of Nah-Ki B. [Nakia B.] , 143 AD3d 703, 707 ).

2024"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Divine K.M. [Andre G.] , 211 AD3d at 735 ; see Matter of Nina P. [Giga P.] , 180 AD3d 1047, 1047 ). "'While the credibility findings of a hearing court are accorded deference, we are free to make our own credibility assessments and, where proper, make a finding of neglect based upon the record before us'" ( Matter of Jubilee S. [James S.] , 149 AD3d 965, 967 , quoting Matter of Chanyae S. [Rena W.] , 82 AD3d 1247, 1247 [citations omit

2024"Even a single act of domestic violence, either in the presence of a child or within the hearing of a child, may be sufficient for a neglect finding" ( Matter of Divine K.M. [Andre G.] , 211 AD3d at 735 ; see Matter of Nina P. [Giga P.] , 180 AD3d 1047, 1047 ). "'While the credibility findings of a hearing court are accorded deference, we are free to make our own credibility assessments and, where proper, make a finding of neglect based upon the record before us'" ( Matter of Jubilee S. [James S.] , 149 AD3d 965, 967 , quoting Matter of Chanyae S. [Rena W.] , 82 AD3d 1247, 1247 [citations omit

2024Where, as here, "the hearing court is presented with sharply conflicting accounts regarding the subject events, and chooses to credit the testimony of certain witnesses over that of others, its determination will not be disturbed unless clearly unsupported by the record" ( Matter of Shalom A. [Codjo A.] , 215 AD3d at 827 [internal quotation marks omitted]; see Matter of Sydelle P. [Alvin P.] , 210 AD3d 1098, 1100 ).