In re Jonathan B.

Appellate Division of the Supreme Court of New York

In re Jonathan B.

270 A.D.2d 42, 703 N.Y.S.2d 482, 2000 N.Y. App. Div. LEXIS 2570

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

DecidedMarch 7, 2000

StatusPublished

Cited by1 cases

This text of 270 A.D.2d 42 (In re Jonathan B.) 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 Jonathan B., 270 A.D.2d 42, 703 N.Y.S.2d 482, 2000 N.Y. App. Div. LEXIS 2570 (N.Y. Ct. App. 2000).

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Opinion

—Order, Family Court, New York County (George Jurow, J.), entered on or about July 20, 1998, which, to the extent appealed from, determined, after a fact-finding hearing, that respondent mother had neglected her older son, Jonathan B., and had derivatively neglected her newborn son, James B., unanimously affirmed, without costs.

Family Court’s findings of neglect against respondent mother are supported by the requisite preponderance of the evidence (see, Family Court Act § 1046 [b]). The credible evidence established that respondent brought her two-year-old son to a school from which he had previously been terminated and demanded that he be admitted. When her demand was denied, respondent left the school abruptly, her son walking behind her. Soon thereafter the child, who was developmentally delayed, was found wandering alone on a street, near a busy intersection. Respondent mother was observed at that time a considerable distance from her son pushing an empty stroller. In addition to the evidence of this incident, other evidence in the record, indicative of a pervasive failure on respondent’s part to respond to the needs of her developmentally delayed child, was also probative of respondent’s deficiencies as a caretaker. Concur — Nardelli, J. P., Williams, Ellerin, Wallach and Saxe, JJ.

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—Order, Family Court, New York County (George Jurow, J.), entered on or about July 20, 1998, which, to the extent appealed from, determined, after a fact-finding hearing, that respondent mother had neglected her older son, Jonathan B., and had derivatively neglected her newborn son, James B., unanimously affirmed, without costs.

Family Court’s findings of neglect against respondent mother are supported by the requisite preponderance of the evidence (see, Family Court Act § 1046 [b]). The credible evidence established that respondent brought her two-year-old son to a school from which he had previously been terminated and demanded that he be admitted. When her demand was denied, respondent left the school abruptly, her son walking behind her. Soon thereafter the child, who was developmentally delayed, was found wandering alone on a street, near a busy intersection. Respondent mother was observed at that time a considerable distance from her son pushing an empty stroller. In addition to the evidence of this incident, other evidence in the record, indicative of a pervasive failure on respondent’s part to respond to the needs of her developmentally delayed child, was also probative of respondent’s deficiencies as a caretaker. Concur — Nardelli, J. P., Williams, Ellerin, Wallach and Saxe, JJ.

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Bluebook (online)

270 A.D.2d 42, 703 N.Y.S.2d 482, 2000 N.Y. App. Div. LEXIS 2570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jonathan-b-nyappdiv-2000.

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