Legal Opinion

In re Nicholas M. Suffolk County Department of Social Services

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

Decided November 29, 2011PublishedCited by 2 opinions

1Opinion of the Court

The finding of neglect is supported by a preponderance of the evidence (see Family Ct Act § 1012 [f¡). The evidence adduced at the hearing established that the appellant left the child alone with the child’s mother while she was intoxicated. In fact, on one of those occasions, the appellant permitted the child’s mother to push the child in a stroller at night while she was intoxicated, and in an area without any sidewalks (see Matter of Tylasia B. [Wayne B.], 72 AD3d 1074, 1075 [2010]; Matter of Arthur C., 260 AD2d 478, 479 [1999]). Further, the evidence showed that the appellant neglected…

2Cases cited3 opinions

  1. In re Arthur C.Appellate Division of the Supreme Court of the State of New York · 1999
  2. In re Tylasia B.Appellate Division of the Supreme Court of the State of New York · 2010
  3. In re Hannah A.Appellate Division of the Supreme Court of the State of New York · 2011

3Cited by2 opinions

  1. In re Bianca P.Appellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Brian F., Jr. (Brian F., Sr.)Appellate Division of the Supreme Court of the State of New York · 2016

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