IN RE ISABELLA S., AND ANOTHER, CHILDREN UNDER EIGHTEEN YEARS OF AGE, COMMISSIONER OF ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, pet-ap, ROBERT T., res-res

4815. IN RE ISABELLA S., AND ANOTHER, CHILDREN UNDER EIGHTEEN YEARS OF AGE, COMMISSIONER OF ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, pet-ap, ROBERT T., res-res — Zachary W. Carter, Corporation Counsel, New York (Megan E.K. Montcalm of counsel), for ap — Law Office of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for res — Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), for ap — Order, Family Court, Bronx County (Alma M. Gomez, J.), entered on or about May 31, 2016, which, insofar as appealed from as limited by the briefs, dismissed the neglect petition as to Jace T., unanimously reversed, on the law and the facts, without costs, to enter a finding that respondent neglected Jace T. and remand the matter for a dispositional hearing.

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4815. IN RE ISABELLA S., AND ANOTHER, CHILDREN UNDER EIGHTEEN YEARS OF AGE, COMMISSIONER OF ADMINISTRATION FOR CHILDREN’S SERVICES OF THE CITY OF NEW YORK, pet-ap, ROBERT T., res-res — Zachary W. Carter, Corporation Counsel, New York (Megan E.K. Montcalm of counsel), for ap — Law Office of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for res — Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), for ap — Order, Family Court, Bronx County (Alma M. Gomez, J.), entered on or about May 31, 2016, which, insofar as appealed from as limited by the briefs, dismissed the neglect petition as to Jace T., unanimously reversed, on the law and the facts, without costs, to enter a finding that respondent neglected Jace T. and remand the matter for a dispositional hearing.

Respondent is the father of Jace T. and a person legally responsible for the care of Isabella S. The mother testified that the father choked her in the presence of six-year-old Isabella and only a couple of feet away from where then four-month-old Jace was sleeping in his crib. The mother’s testimony was supported by shelter records; the father did not testify. Family Court found the mother’s testimony was credible and supported a finding that the father neglected Isabella. The same evidence also supports a finding that the father neglected Jace.

IN RE ISABELLA S., AND ANOTHER, CHILDREN UNDER EIGHTEEN YEARS OF AGE, COMMISSIONER OF ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, pet-ap, ROBERT T., res-res

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