Suffolk County Department of Social Services v. Marcello A.

Appellate Division of the Supreme Court of New York

Suffolk County Department of Social Services v. Marcello A.

220 A.D.2d 673, 632 N.Y.S.2d 972, 1995 N.Y. App. Div. LEXIS 10511

Appellate Division of the Supreme Court of the State of New York·Decided October 23, 1995·Published

Opinion

—In a neglect proceeding pursuant to Family Court Act article 10, the father appeals from an order of the Family Court, Suffolk County (Kent, J.), entered July 25, 1994, which, after a hearing, inter alia, found that the child was neglected.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the father’s contention, the Family Court’s determination that the father had neglected his son is supported by a preponderance of the credible evidence (see, Family Ct Act § 1046 [b] [i]). The evidence establishes that the child was injured as a result of excessive corporal punishment by the father (see, Matter of J. Children, 216 AD2d 159; Matter of Suffolk County Dept, of Social Servs. [Joseph P.], 215 AD2d 486; Matter of Norland B., 191 AD2d 632).

We have reviewed the father’s remaining contentions and find them to be without merit. Balletta, J. P., Thompson, Ritter and Florio, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a neglect proceeding pursuant to Family Court Act article 10, the father appeals from an order of the Family Court, Suffolk County (Kent, J.), entered July 25, 1994, which, after a hearing, inter alia, found that the child was neglected.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the father’s contention, the Family Court’s determination that the father had neglected his son is supported by a preponderance of the credible evidence (see, Family Ct Act § 1046 [b] [i]). The evidence establishes that the child was injured as a result of excessive corporal punishment by the father (see, Matter of J. Children, 216 AD2d 159; Matter of Suffolk County Dept, of Social Servs. [Joseph P.], 215 AD2d 486; Matter of Norland B., 191 AD2d 632).

We have reviewed the father’s remaining contentions and find them to be without merit. Balletta, J. P., Thompson, Ritter and Florio, JJ., concur.

Suffolk County Department of Social Services v. Marcello A., 220 A.D.2d 673, 632 N.Y.S.2d 972, 1995 N.Y. App. Div. LEXIS 10511 (N.Y. Ct. App. 1995).

Pincite

220 A.D.2d 673 (Suffolk County Department of Social Services v. Marcello A.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related