Legal Opinion

In re Nasiim W.

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

Decided October 4, 2011PublishedCited by 21 opinions

1Opinion of the Court

*453Petitioner agency satisfied its burden of proving, by a preponderance of the evidence, that respondent neglected her child (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [a] [iii]). The agency’s witnesses personally observed respondent under the influence of alcohol to the extent that she was no longer in control of her actions. On one occasion she approached the child and his stepmother at approximately 7:15 a.m., intoxicated and holding an open 24-ouncé can of beer. She screamed and cursed at the stepmother and attempted to grab the child away from her. On another occasion, respondent…

2Cases cited3 opinions

  1. Matter of O.New York Court of Appeals · 1975
  2. In re Tyesha C.Appellate Division of the Supreme Court of the State of New York · 1990
  3. In re William T.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by21 opinions

  1. In re Keoni Daquan A.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Madeleine B. (Peter B.)Appellate Division of the Supreme Court of the State of New York · 2021
  3. Matter of Vita C. (Oksana C.)Appellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Irma A. v. David A.Appellate Division of the Supreme Court of the State of New York · 2016
  5. Matter of J.M. (Luis E.)Appellate Division of the Supreme Court of the State of New York · 2023

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