IN RE: NIVEYAMA C-T. and Others (2021)

County (Sarah P. Cooper, J.), entered on or about February 5, 2020, insofar as it determined, after a hearing, that respondent neglected the subject children, unanimously affirmed, without costs.

The findings of neglect are supported by a preponderance of the evidence (see Family Court Act §§ 1012[f][i][B];  1046[b][i]).  There exists no basis for disturbing the court's credibility determinations.  The hearing testimony, including respondent's own testimony, establishes that respondent engaged in acts of domestic violence against the children's mother while the children were in the home and that the children were affected by what they witnessed (see Matter of O'Ryan Elizah H. [Kairo E.], 171 A.D.3d 429, 95 N.Y.S.3d 520 [1st Dept. 2019];  Matter of Elijah T. [Melvin G.], 154 A.D.3d 635, 62 N.Y.S.3d 796 [1st Dept. 2017]).  The two older children's out-of-court statements about respondent's history of violence against the mother were corroborated by both the mother's testimony and respondent's own testimony (see Matter of Jasmine A. [Albert G.], 120 A.D.3d 1125, 992 N.Y.S.2d 417 [1st Dept. 2014]).  The mother's testimony that in November 2016 respondent threw her onto one of the children, who was then about two months old, before pulling out clumps of her hair and throwing her into a wall further shows that respondent's parental judgment was impaired (see Matter of Moises G. [Luis G.], 135 A.D.3d 527, 24 N.Y.S.3d 239 [1st Dept. 2016];  Matter of Isabella S. [Robert T.], 154 A.D.3d 606, 62 N.Y.S.3d 362 [1st Dept. 2017]).