Appellate Division of the Supreme Court of the State of New York October 23, 2012 (In re Khaliyah Vjelytt W.-D.)

The finding of neglect is supported by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]), including the police officer’s testimony that respondent had assaulted her in the infant child’s presence (see Family Ct Act § 1012 [f] [i] [B]; Matter of Eugene L. [Julianna H.], 83 AD3d 490 [1st Dept 2011]; Matter of Gianna C.-E. [Alonso E.], 77 AD3d 408 [1st Dept 2010]).