Legal Opinion

In re Gabriel J.

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

Decided October 16, 2012Published

1Opinion of the Court

*544The findings of neglect were supported by a preponderance of the evidence showing that respondent boyfriend had inflicted excessive corporal punishment on the children (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [b] [i]), and that respondent mother knew or should have known about the abuse but failed to take any steps to protect her children (see Matter of Rayshawn R., 309 AD2d 681, 682 [1st Dept 2003]; Matter of Alena O., 220 AD2d 358, 362 [1st Dept 1995]). The children’s out-of-court statements that the mother’s boyfriend, among other things, kicked the youngest child in the groin area,…

2Cases cited4 opinions

  1. In re Ilene M.Appellate Division of the Supreme Court of the State of New York · 2005
  2. In re Naomi J.Appellate Division of the Supreme Court of the State of New York · 2011
  3. In re Rayshawn R.Appellate Division of the Supreme Court of the State of New York · 2003
  4. In re Alena O.Appellate Division of the Supreme Court of the State of New York · 1995

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API