Legal Opinion

In re Daphne G.

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

Decided August 21, 2003PublishedCited by 13 opinions

1Opinion of the Court

*133OPINION OF THE COURT

Sullivan, J.

The issue presented on appeal is whether a finding of neglect may properly be based on a father’s conviction of attempted assault arising out of an incident of domestic violence against the mother, where the child was not present at the time and not even in the custody of the parents.

The subject child, Daphne G., was born on November 24, 1998. Thirteen days later, on December 7, the Administration for Children’s Services (ACS) filed a neglect petition in Family Court, New York County, alleging that the mother, known to the court through prior neglect findings,…

2Cases cited5 opinions

  1. In re Lonell J.Appellate Division of the Supreme Court of the State of New York · 1998
  2. In re Deandre T.Appellate Division of the Supreme Court of the State of New York · 1998
  3. In re Athena M.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Miller v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1999
  5. In re Tali W.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by13 opinions

  1. In re Christy C.Appellate Division of the Supreme Court of the State of New York · 2010
  2. In re Imani O.Appellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Moises G. (Luis G.)Appellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Cody W. (Ronald L.)Appellate Division of the Supreme Court of the State of New York · 2017
  5. Rachael G. v. Radames G.Appellate Division of the Supreme Court of the State of New York · 2004

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