Legal Opinion

In re Devante S.

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

Decided May 8, 2008PublishedCited by 7 opinions

1Opinion of the Court

Order of disposition, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on or about January 8, 2007, which, upon a fact-finding determination that respondent father had neglected his children, released the children to their mother’s custody under petitioner’s supervision for a period of 12 months, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]) showing that respondent inflicted excessive corporal punishment on his children (see Family Ct Act § 1012 [f] [i] [B]). The children’s out-of-court…

2Cases cited3 opinions

  1. In re Nicole V.New York Court of Appeals · 1987
  2. In re Evelyn B.Appellate Division of the Supreme Court of the State of New York · 2006
  3. In re Nicole H.Appellate Division of the Supreme Court of the State of New York · 2004

3Cited by7 opinions

  1. In re Daniel D.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Matter of David R. (Carmen R.)Appellate Division of the Supreme Court of the State of New York · 2014
  3. Matter of Genesis F. (Xiomaris S.)Appellate Division of the Supreme Court of the State of New York · 2014
  4. In re Davion A.Appellate Division of the Supreme Court of the State of New York · 2009
  5. In re A.M.New York City Family Court · 2014

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