IN RE: DAVION A. (2009)

Order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about June 24, 2008, which, following a fact-finding hearing determining that respondent father had neglected his children, released them to the custody of their mother under the supervision of petitioner, unanimously affirmed, without costs.

The finding of neglect was supported by a preponderance of the evidence showing that respondent inflicted excessive corporal punishment on one of the children (see Matter of Devante S., 51 A.D.3d 482, 857 N.Y.S.2d 141 [2008] ) and engaged in acts of domestic violence against the children's mother in their presence (see Matter of Elijah C., 49 A.D.3d 340, 852 N.Y.S.2d 764 [2008] ), which impaired or created an imminent danger of impairing their physical, emotional or mental well-being.   No basis exists for disturbing the court's findings of fact and assessment of credibility, which are supported by the record (see Matter of Fernando S., 63 A.D.3d 610, 883 N.Y.S.2d 469 [2009] ).