Legal Opinion
In re Tajani B.
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2008PublishedCited by 7 opinions
1Opinion of the Court
In a child protective proceeding, the party seeking to establish neglect must show, “first, that a child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; see Matter of Dimitriy R., 39 AD3d 866 [2007]; Family Ct Act § 1012 [f]). A finding of neglect must be based on…
2Cases cited4 opinions
- Nicholson v. ScoppettaNew York Court of Appeals · 2004
- In re Imani B.Appellate Division of the Supreme Court of the State of New York · 2006
- In re Aminat O.Appellate Division of the Supreme Court of the State of New York · 2005
- In re Dimitriy R.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by7 opinions
- In re Ariella S.Appellate Division of the Supreme Court of the State of New York · 2011
- In re Tylasia B.Appellate Division of the Supreme Court of the State of New York · 2010
- In re John H.M.Appellate Division of the Supreme Court of the State of New York · 2008
- In re Leah M.Appellate Division of the Supreme Court of the State of New York · 2011
- Matter of Samiha R. (Shante R.)Appellate Division of the Supreme Court of the State of New York · 2016
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