Legal Opinion

In re Nichelle McF.

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

Decided November 10, 2005PublishedCited by 2 opinions

1Opinion of the Court

Orders of disposition, Family Court, New York County (Sara E Schechter, J.), entered on or about February 27, 2003, which, upon a fact-finding determination of neglect, awarded custody of the subject children to their father, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence showing that on two occasions, while she was appearing in Family Court, appellant exposed her children to imminent danger of harm (see Nicholson v Scoppetta, 3 NY3d 357 [2004]; Family Ct Act § 1012 [f]). On one occasion, when questioned by a court officer as to why…

2Cases cited2 opinions

  1. Nicholson v. ScoppettaNew York Court of Appeals · 2004
  2. Child Welfare Administration v. Danielle R.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by2 opinions

  1. In re Patrice S.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Matter of Joseph R. (Jasmine M.G.)Appellate Division of the Supreme Court of the State of New York · 2016

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