Legal Opinion

In re Lonell J.

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

Decided May 19, 1998PublishedCited by 32 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenberger, J.

The issue in this case is whether a pattern of domestic violence between respondent parents in the presence of their children may be sufficient to establish neglect under Family Court Act § 1012, absent expert testimony that the parents’ strife has caused specific harm to the children.

Respondents Lonell J. (the father) and Nicole B. (the mother) are the parents of Latisha (born May 14, 1993) and Lonell, Jr. (born June 15, 1995). When the incidents giving rise to this action took place, the family lived in a Tier 2 Shelter in the Bronx. The Administration for…

2Cases cited4 opinions

  1. In re Theresa CC.Appellate Division of the Supreme Court of the State of New York · 1991
  2. In re Michael M.New York City Family Court · 1992
  3. In re Bryan L.New York City Family Court · 1991
  4. J. D. v. N. D.New York City Family Court · 1996

3Cited by32 opinions

  1. Nicholson v. ScoppettaNew York Court of Appeals · 2004
  2. Matter of Marino S.New York Court of Appeals · 2003
  3. Nicholson v. ScoppettaCourt of Appeals for the Second Circuit · 2003
  4. In re Todd D.Appellate Division of the Supreme Court of the State of New York · 2004
  5. In re Deandre T.Appellate Division of the Supreme Court of the State of New York · 1998

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