In re Benjamin VV.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtStein, J.
Respondent is the divorced father of Benjamin YV. (born in 1996), Maxwell W (born in 1998) and Samuel W (born in 2001), who were living with him at all relevant times herein. One evening, after Benjamin struck Samuel, Benjamin and respondent became involved in an altercation during which Benjamin sustained an injury to his eye. Petitioner was notified of the incident and thereafter commenced this neglect proceed*1108ing against respondent. A fact-finding hearing was held, at which Benjamin did not testify. However, his medical records, supporting deposition and photographs of his eye were…
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