In re Madison H.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*476The finding of neglect was supported by a preponderance of the evidence (see Family Ct Act §§ 1012 [f]; 1046 [b]). The evidence, including the testimony of the mother and medical experts, shows that the child suffered an injury that would not ordinarily occur absent an act or omission of a caretaker, and that the father was the caretaker of the child at the time the injury occurred (see Family Ct Act § 1046 [a] [ii]). The court cited the father’s demeanor and disruptive courtroom behavior, and refused to credit the father’s denial that he had abused the child. This credibility finding is…
2Cases cited3 opinions
- Matter of O.New York Court of Appeals · 1975
- In re Ndeye D.Appellate Division of the Supreme Court of the State of New York · 2011
- In re Carme L.Appellate Division of the Supreme Court of the State of New York · 2007