Legal Opinion

Matter of Ashantae H. (Shelly H.)

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

Decided January 5, 2017No. 2658PublishedCited by 2 opinions

1Opinion of the Court

Order of fact-finding and disposition (one paper), Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about June 2, 2015, insofar as it determined, after a hearing, that respondent mother had neglected the subject children, unanimously affirmed, without costs.

Based on the testimony and documents presented, coupled with the “strongest adverse inference” that the evidence will allow due to the mother’s failure to testify (Matter of Vivienne Bobbi-Hadiya S. [Makena Asanta Malika McK.], 126 AD3d 545, 546 [1st Dept 2015]), a preponderance of the evidence supports the Family…

2Cases cited4 opinions

  1. Nicholson v. ScoppettaNew York Court of Appeals · 2004
  2. Matter of Serenity H.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Vivienne Bobbi-Hadiya S. (Makena Asanta Malika McK)Appellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Andre K. (Jamahal G.)Appellate Division of the Supreme Court of the State of New York · 2016

3Cited by2 opinions

  1. Matter of LI.C. (W.C.)Appellate Division of the Supreme Court of the State of New York · 2026
  2. Matter of Sasha R. (Kevin A. M.)Appellate Division of the Supreme Court of the State of New York · 2023

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