In re Christina Z.

Appellate Division of the Supreme Court of New York

In re Christina Z.

284 A.D.2d 210, 726 N.Y.S.2d 549, 2001 N.Y. App. Div. LEXIS 6526

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

DecidedJune 19, 2001

StatusPublished

This text of 284 A.D.2d 210 (In re Christina Z.) 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 Christina Z., 284 A.D.2d 210, 726 N.Y.S.2d 549, 2001 N.Y. App. Div. LEXIS 6526 (N.Y. Ct. App. 2001).

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Opinion

—Order, Family Court, New York County (Susan Larabee, J.), issued December 21, 2000, which, after a hearing pursuant to Family Court Act § 1028, denied an application for the return of the child pending the fact-finding hearing on the issue of neglect, unanimously affirmed, without costs.

We find that this application was properly denied upon a finding, based largely on witness credibility, that respondent’s boyfriend presented an imminent risk to the child’s health or safety. While respondent and the child contend that the paramour is no longer in respondent’s life, the record demonstrates a substantial probability that the boyfriend’s sexual and abusive conduct might continue and constitutes an imminent danger to the child (see Matter of F. Children, 154 AD2d 594, lv denied 78 NY2d 862). Concur — Rosenberger, J. P., Williams, Wallach, Lerner and Friedman, JJ.

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—Order, Family Court, New York County (Susan Larabee, J.), issued December 21, 2000, which, after a hearing pursuant to Family Court Act § 1028, denied an application for the return of the child pending the fact-finding hearing on the issue of neglect, unanimously affirmed, without costs.

We find that this application was properly denied upon a finding, based largely on witness credibility, that respondent’s boyfriend presented an imminent risk to the child’s health or safety. While respondent and the child contend that the paramour is no longer in respondent’s life, the record demonstrates a substantial probability that the boyfriend’s sexual and abusive conduct might continue and constitutes an imminent danger to the child (see Matter of F. Children, 154 AD2d 594, lv denied 78 NY2d 862). Concur — Rosenberger, J. P., Williams, Wallach, Lerner and Friedman, JJ.

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Bluebook (online)

284 A.D.2d 210, 726 N.Y.S.2d 549, 2001 N.Y. App. Div. LEXIS 6526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-christina-z-nyappdiv-2001.

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