Legal Opinion · Dissent

In re Brad I.

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

Decided May 15, 2014Published

1Dissent

Lahtinen, J.E

(dissenting). Inasmuch as a sound and substantial basis in the record supports Family Court’s finding of derivative neglect, I respectfully dissent. A parent who “misus[es] a drug or drugs” may be found to have neglected his or her children (Family Ct Act § 1012 [f] [i] [B]) and, unsurprisingly, placing one’s “children in near proximity to accessible narcotics and to the very dangerous activity of narcotics trafficking . . . pose[s] an imminent danger to the children’s physical, mental, and emotional well-being” (Matter of Paul J., 6 AD3d 709, 710 [2004]; see Matter of Brandon R.…

2Cases cited4 opinions

  1. In re Eugene L.Appellate Division of the Supreme Court of the State of New York · 2011
  2. In re Paul J.Appellate Division of the Supreme Court of the State of New York · 2004
  3. In re Andrew DeJ. R.Appellate Division of the Supreme Court of the State of New York · 2006
  4. In re Lavountae A.Appellate Division of the Supreme Court of the State of New York · 2008

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