Legal Opinion

In re Tajani B.

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

Decided March 25, 2008PublishedCited by 13 opinions

1Opinion of the Court

In a child protective proceeding, the party seeking to establish neglect must show, “first, that a child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; see Matter of Dimitriy R., 39 AD3d 866 [2007]; Family Ct Act § 1012 [f]).

The petitioner proved by a preponderance of the…

2Cases cited7 opinions

  1. Nicholson v. ScoppettaNew York Court of Appeals · 2004
  2. In re Christopher L. Suffolk County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 2005
  3. Mooney v. MooneyAppellate Division of the Supreme Court of the State of New York · 1997
  4. In re Aminat O.Appellate Division of the Supreme Court of the State of New York · 2005
  5. In re Karen Patricia G.Appellate Division of the Supreme Court of the State of New York · 2007

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. In re Delehia J.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Los Angeles County Department of Children & Family Services v. Juan G.California Court of Appeal · 2017
  3. In re Christiana C.Appellate Division of the Supreme Court of the State of New York · 2011
  4. In re Briana F.Appellate Division of the Supreme Court of the State of New York · 2010
  5. In re Zaire D.Appellate Division of the Supreme Court of the State of New York · 2011

8 more not listed; retrieve them via the Exa API.

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