Legal Opinion

Matter of Joselyn S. (Lizzeth E.)

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

Decided November 4, 2015No. 2014-07901PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of fact-finding of the Family Court, Suffolk County (Theresa Whelan, J.), dated July 24, 2014. The order, after a fact-finding hearing, found that the mother neglected the subject child.

Ordered that the order of fact-finding is affirmed, without costs or disbursements.

“ ‘To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, that (1) the child’s physical, mental, or emotional condition has been impaired, or is in imminent danger of becoming impaired, and (2) the actual or threatened…

2Cases cited3 opinions

  1. Nicholson v. ScoppettaNew York Court of Appeals · 2004
  2. In re Kiara C.Appellate Division of the Supreme Court of the State of New York · 2011
  3. In re Christiana C.Appellate Division of the Supreme Court of the State of New York · 2011

3Cited by1 opinion

  1. Matter of Shania D. (Lesley D.)Appellate Division of the Supreme Court of the State of New York · 2016

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