Legal Opinion

Matter of Nivek A.S. (Juanita S.)

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

Decided March 9, 2017No. 3347PublishedCited by 4 opinions

1Opinion of the Court

Order of fact-finding, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about January 21, 2015, which, to the extent appealed from as limited by the briefs, determined, after a hearing, that respondent mother had neglected the subject children, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]), and the court’s credibility determinations are entitled to deference (Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Brianna R. [Maribel R.], 115 AD3d 403, 408 [1st Dept 2014]).

The…

2Cases cited3 opinions

  1. In re Khelia B.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Matter of Jonathan M. (Gilda L.)Appellate Division of the Supreme Court of the State of New York · 2016
  3. Matter of Sahairah J. (Rosemarie R.)Appellate Division of the Supreme Court of the State of New York · 2016

3Cited by4 opinions

  1. Matter of Andru G. (Jasmine C.)Appellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Evanna S. (Omatee S.)Appellate Division of the Supreme Court of the State of New York · 2019
  3. Matter of J.S. (S.A.)Appellate Division of the Supreme Court of the State of New York · 2026
  4. Matter of S.G. (Pedro G.)Appellate Division of the Supreme Court of the State of New York · 2026

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