Legal Opinion

In re Elijah ZZ.

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

Decided June 12, 2014Published

1Opinion of the CourtGarry, J.

Appeal from an order of the Family Court of Broome County (Charnetsky, J.), entered September 19, 2012, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondent’s children to be neglected.

Pursuant to a 2009 order, respondent had primary physical placement of his two children (born in 2003 and 2005) and joint custody with their mother. In January 2012, petitioner applied for the children’s temporary removal from respondent’s custody based upon allegations of excessive corporal punishment. Following a hearing pursuant to Family Ct…

2Cases cited9 opinions

  1. People v. SmithNew York Court of Appeals · 1984
  2. In re Frank Y.Appellate Division of the Supreme Court of the State of New York · 2004
  3. In re Mitchell WW.Appellate Division of the Supreme Court of the State of New York · 2010
  4. In re Chelsea BB.Appellate Division of the Supreme Court of the State of New York · 2006
  5. In re Joseph DD.Appellate Division of the Supreme Court of the State of New York · 2002

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