IN RE: Elijah J. (Anonymous).  Administration for Children's Services (2010)

Submitted-September 30, 2010

DECISION & ORDER

Steven Banks, New York, N.Y. (Tamara A. Steckler, Susan Clement, and Maria Chiu of counsel), attorney for the children.

In related child neglect proceedings pursuant to Family Court Act article 10, the father appeals from a fact-finding order of the Family Court, Queens County (Richter, J.), dated August 3, 2009, which, after a hearing, found that he neglected the subject children.

ORDERED that the order is affirmed, without costs or disbursements.

Although an isolated incident of domestic violence outside the presence of a child is insufficient to establish neglect (see Matter of Larry O., 13 AD3d 633;  Matter of Davin G., 11 AD3d 462), the act of domestic violence in the instant case was neither isolated nor perpetrated outside the presence of the subject children.   A pattern of domestic violence was alleged in the petition and supported by the mother's testimony at the fact-finding hearing.

The father's remaining contentions are without merit (see Matter of Fa'Shon S., 40 AD3d 863;  Matter of Tiffany L., 294 A.D.2d 365, 366;  Matter of Raymond Anthony A., 192 A.D.2d 529, 530).

MASTRO, J.P., COVELLO, DICKERSON and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court