In re Jacob H.

Appellate Division of the Supreme Court of New York

In re Jacob H.

94 A.D.3d 628, 942 N.Y.S.2d 353

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

DecidedApril 24, 2012

StatusPublished

Cited by3 cases

This text of 94 A.D.3d 628 (In re Jacob H.) 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.

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In re Jacob H., 94 A.D.3d 628, 942 N.Y.S.2d 353 (N.Y. Ct. App. 2012).

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Opinion

Order of fact-finding, Family Court, New York County (Jody Adams, J.), entered on or about August 16, 2011, which, to the extent appealed from as limited by the briefs, after a fact-finding hearing, dismissed the petition alleging that respondent mother had neglected the subject children, unanimously reversed, on the law and the facts, without costs, the petition reinstated as to those children, findings of derivative neglect entered as to them, and the matter remanded for dispositional hearings.

Family Court found that the mother had used inappropriate and excessive corporal punishment against her oldest son and six-year-old daughter, and had derivatively neglected her youngest daughter. We find that the same evidence supporting those findings demonstrates, by a preponderance of the evidence, that the mother had derivatively neglected the subject children as well (see Family Ct Act § 1046 [a] [i]; Matter of Ameena C. [Wykisha C.], 83 AD3d 606, 607 [2011]; Matter of Joseph C. [Anthony C.], 88 AD3d 478, 479 [2011]). Concur — Mazzarelli, J.P., Sweeny, Moskowitz, Abdus-Salaam and Manzanet-Daniels, JJ.

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Order of fact-finding, Family Court, New York County (Jody Adams, J.), entered on or about August 16, 2011, which, to the extent appealed from as limited by the briefs, after a fact-finding hearing, dismissed the petition alleging that respondent mother had neglected the subject children, unanimously reversed, on the law and the facts, without costs, the petition reinstated as to those children, findings of derivative neglect entered as to them, and the matter remanded for dispositional hearings.

Family Court found that the mother had used inappropriate and excessive corporal punishment against her oldest son and six-year-old daughter, and had derivatively neglected her youngest daughter. We find that the same evidence supporting those findings demonstrates, by a preponderance of the evidence, that the mother had derivatively neglected the subject children as well (see Family Ct Act § 1046 [a] [i]; Matter of Ameena C. [Wykisha C.], 83 AD3d 606, 607 [2011]; Matter of Joseph C. [Anthony C.], 88 AD3d 478, 479 [2011]). Concur — Mazzarelli, J.P., Sweeny, Moskowitz, Abdus-Salaam and Manzanet-Daniels, JJ.

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Bluebook (online)

94 A.D.3d 628, 942 N.Y.S.2d 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jacob-h-nyappdiv-2012.

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