Legal Opinion
In re Elijah J.
Appellate Division of the Supreme Court of the State of New York
Decided October 19, 2010PublishedCited by 20 opinions
1Opinion of the Court
In related child neglect proceedings pursuant to Family Court Act article 10, the father appeals from a fact-finding order of the Family Court, Queens County (Richter, J.), dated August 3, 2009, which, after a hearing, found that he neglected the subject children.
Ordered that the order is affirmed, without costs or disbursements.
Although an isolated incident of domestic violence outside the presence of a child is insufficient to establish neglect (see Matter of Larry O., 13 AD3d 633 [2004]; Matter of Davin G., 11 AD3d 462 [2004]), the act of domestic violence in the instant case was neither…
2Cases cited4 opinions
- In re Anthony A.Appellate Division of the Supreme Court of the State of New York · 1993
- In re Larry O.Appellate Division of the Supreme Court of the State of New York · 2004
- In re Fa'Shon S. Heart Share Human ServicesAppellate Division of the Supreme Court of the State of New York · 2007
- Rachael G. v. Radames G.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by20 opinions
- In re Kiara C.Appellate Division of the Supreme Court of the State of New York · 2011
- In re Ndeye D.Appellate Division of the Supreme Court of the State of New York · 2011
- In re Chaim R.Appellate Division of the Supreme Court of the State of New York · 2012
- Matter of Jubilee S. (James S.)Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of Kayla F. (Kevin F.)Appellate Division of the Supreme Court of the State of New York · 2015
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