Legal Opinion

In re Madison H.

Appellate Division of the Supreme Court of the State of New York

Decided October 9, 2012Published

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

  1. Matter of O.New York Court of Appeals · 1975
  2. In re Ndeye D.Appellate Division of the Supreme Court of the State of New York · 2011
  3. In re Carme L.Appellate Division of the Supreme Court of the State of New York · 2007

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