IN RE: FOUAD S. and Another (2021)

Order of disposition, Family Court, Bronx County (Michael R. Milsap, J.), entered on or about June 17, 2019, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about May 6, 2019, which found that respondent father neglected the subject children, unanimously affirmed, without costs.  Appeal from fact-finding order, unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.

The finding of neglect is supported by a preponderance of the evidence, which shows that the children's mental and emotional condition was impaired or in imminent danger of becoming impaired as a result of their exposure to incidents of domestic violence by respondent against their mother (Family Court Act §§ 1012[f][i][B];  1046[b][i];  see Matter of Andru G. [Jasmine C.], 156 A.D.3d 456, 64 N.Y.S.3d 886 [1st Dept. 2017] ).  The court properly considered evidence of respondent's plea to disorderly conduct, and the resulting order of protection, in conjunction with testimony and documentary evidence (cf. People v. Afton C. [James C.], 17 N.Y.3d 1, 926 N.Y.S.2d 365, 950 N.E.2d 101 [2011] [evidence of conviction and sex offender registration, without more, insufficient to demonstrate breach of minimum duty of parental care] ).  We perceive no basis for disturbing the court's credibility determinations (see Matter of Irene O., 38 N.Y.2d 776, 778, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975] ).