In re Kyle H.

Appellate Division of the Supreme Court of New York

In re Kyle H.

198 A.D.2d 913, 604 N.Y.S.2d 463

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

DecidedNovember 19, 1993

StatusPublished

Cited by2 cases

This text of 198 A.D.2d 913 (In re Kyle 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.

Bluebook

In re Kyle H., 198 A.D.2d 913, 604 N.Y.S.2d 463 (N.Y. Ct. App. 1993).

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Opinion

—Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in dismissing a child abuse petition against respondent Eric M., finding that he was not a "person legally responsible” (Family Ct Act § 1012 [g]). The proof at the fact-finding hearing demonstrated that Eric M. was a "person responsible for the child’s care at the relevant time” and was "continually * * * in the same household as the child” (Family Ct Act § 1012 [g]). We modify the order, therefore, by reinstating the petition against Eric M. (Appeal from Order of Erie County Family Court, Honan, J. — Abuse.) Present — Denman, P. J., Green, Balio, Fallon and Boomer, JJ.

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—Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in dismissing a child abuse petition against respondent Eric M., finding that he was not a "person legally responsible” (Family Ct Act § 1012 [g]). The proof at the fact-finding hearing demonstrated that Eric M. was a "person responsible for the child’s care at the relevant time” and was "continually * * * in the same household as the child” (Family Ct Act § 1012 [g]). We modify the order, therefore, by reinstating the petition against Eric M. (Appeal from Order of Erie County Family Court, Honan, J. — Abuse.) Present — Denman, P. J., Green, Balio, Fallon and Boomer, JJ.

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Bluebook (online)

198 A.D.2d 913, 604 N.Y.S.2d 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kyle-h-nyappdiv-1993.

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