Legal Opinion

In re Alex A.E.

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

Decided February 13, 2013Published

1Opinion of the Court

In a child abuse proceeding pursuant to Family Court Act article 10, the father appeals from an order of the Family Court, Kings County (Gruebel, J.), dated June 5, 2012, which, after a hearing, denied his application for the return of the subject child to his custody pursuant to Family Court Act § 1028.

Ordered that the order is affirmed, without costs or disbursements.

*722Pursuant to Family Court Act § 1028, an application for return of a child “shall” be granted unless the court finds that “the return presents an imminent risk to the child’s life or health” (Family Ct Act § 1028 [a]). In…

2Cases cited6 opinions

  1. Nicholson v. ScoppettaNew York Court of Appeals · 2004
  2. In re Kimberly Z.Appellate Division of the Supreme Court of the State of New York · 2011
  3. In re Vanessa F.Appellate Division of the Supreme Court of the State of New York · 2004
  4. In re Kleevuort C.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Metcalf v. OdumsAppellate Division of the Supreme Court of the State of New York · 2006

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