Legal Opinion

In re James S.

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

Decided October 25, 2011PublishedCited by 28 opinions

1Opinion of the Court

Contrary to the mother’s contention, the Family Court’s finding of neglect as to the child James S., based on her use of excessive corporal punishment, is supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]). That child’s out-of-court statement regarding the use of corporal punishment by the mother was sufficiently corroborated by a caseworker’s observation of the injury (see Matter of Isaiah S., 63 AD3d 948, 949 [2009]; Matter of Derek J., 56 AD3d 558, 558-559 [2008]; Matter of Joshua B., 28 AD3d 759, 760-761 [2006]). That evidence, together…

2Cases cited10 opinions

  1. In re Joshua B.Appellate Division of the Supreme Court of the State of New York · 2006
  2. In re Isaiah S.Appellate Division of the Supreme Court of the State of New York · 2009
  3. In re Nicholas L.Appellate Division of the Supreme Court of the State of New York · 2008
  4. In re Rachel H.Appellate Division of the Supreme Court of the State of New York · 2009
  5. In re Imman H.Appellate Division of the Supreme Court of the State of New York · 2008

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3Cited by28 opinions

  1. In re Delehia J.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Eliora B. (Kennedy B.)Appellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Cheryale B. (Michelle B.)Appellate Division of the Supreme Court of the State of New York · 2014
  4. Matter of Tayleese M. C. (Tunisha H.)Appellate Division of the Supreme Court of the State of New York · 2015
  5. Matter of Dylan G. (Victor M.)Appellate Division of the Supreme Court of the State of New York · 2014

23 more not listed; retrieve them via the Exa API.

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