In re Angel A.

Appellate Division of the Supreme Court of New York

In re Angel A.

200 A.D.2d 513, 606 N.Y.S.2d 683

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 25, 1994

StatusPublished

This text of 200 A.D.2d 513 (In re Angel A.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Angel A., 200 A.D.2d 513, 606 N.Y.S.2d 683 (N.Y. Ct. App. 1994).

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Opinion

—Order, Family Court, Bronx County (Marjory Fields, J.), entered June 5, 1992, which after a fact finding hearing found that the respondent had neglected his son and placed him with the Commissioner of Social Services for a period of one year, unanimously affirmed, without costs.

The multiple burns over respondent’s 21-month-old son and the lack of explanation for the injuries established a prima facie case of neglect (see, Matter of Cerda, 114 AD2d 795). The court did not abuse its discretion in not compelling a witness to appear in court where the substance of her testimony [514]*514would not have been material to rebutting the prima facie case of neglect.

The matter of whether the disputed hearing should have been held is moot. Concur — Rosenberger, J. P., Wallach, Kupferman, Ross and Tom, JJ.

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—Order, Family Court, Bronx County (Marjory Fields, J.), entered June 5, 1992, which after a fact finding hearing found that the respondent had neglected his son and placed him with the Commissioner of Social Services for a period of one year, unanimously affirmed, without costs.

The multiple burns over respondent’s 21-month-old son and the lack of explanation for the injuries established a prima facie case of neglect (see, Matter of Cerda, 114 AD2d 795). The court did not abuse its discretion in not compelling a witness to appear in court where the substance of her testimony [514]*514would not have been material to rebutting the prima facie case of neglect.

The matter of whether the disputed hearing should have been held is moot. Concur — Rosenberger, J. P., Wallach, Kupferman, Ross and Tom, JJ.

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Bluebook (online)

200 A.D.2d 513, 606 N.Y.S.2d 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-angel-a-nyappdiv-1994.

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