In re Brad I.
Appellate Division of the Supreme Court of the State of New York
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
- In re Eugene L.Appellate Division of the Supreme Court of the State of New York · 2011
- In re Paul J.Appellate Division of the Supreme Court of the State of New York · 2004
- In re Andrew DeJ. R.Appellate Division of the Supreme Court of the State of New York · 2006
- In re Lavountae A.Appellate Division of the Supreme Court of the State of New York · 2008