Legal Opinion
In re Dustin P.
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 2008PublishedCited by 5 opinions
1Opinion of the Court
Memorandum: Respondent father appeals from an order adjudicating his son to be a neglected child. Contrary to the contention of the father, Family Court properly denied his motion to dismiss the second amended petition at the close of petitioner’s proof inasmuch as petitioner established a prima *1481facie case of neglect by presenting evidence of “ ‘both parental misconduct and harm or potential harm to [the] child’ ” (Matter of Kenneth V. [appeal No. 2], 307 AD2d 767, 768 [2003]). A parent’s “failure to provide medical care as required by [Family Court Act § 1012 (f) (i) (A)] may be interpreted…
2Cases cited6 opinions
- In re HofbauerNew York Court of Appeals · 1979
- In re William AA.Appellate Division of the Supreme Court of the State of New York · 2005
- In re Amanda M.Appellate Division of the Supreme Court of the State of New York · 2006
- In re Felicia D.Appellate Division of the Supreme Court of the State of New York · 1999
- In re Kayla C.Appellate Division of the Supreme Court of the State of New York · 2005
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3Cited by5 opinions
- In re Samuel DD.Appellate Division of the Supreme Court of the State of New York · 2011
- Matter of Olivia W. (Courtney W.)Appellate Division of the Supreme Court of the State of New York · 2020
- In re Dayshaun W.Appellate Division of the Supreme Court of the State of New York · 2015
- In re Dayshaun W.Appellate Division of the Supreme Court of the State of New York · 2015
- W., DAYSHAUN, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2015