Legal Opinion

B., CLEOPHUS M., MTR. OF

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

Decided December 23, 2011No. CAF 10-01890PublishedCited by 3 opinions

1Opinion of the Court

Memorandum:

As limited by his brief, the Attorney for the Child appeals from that part of an order entered following a fact-finding hearing that dismissed the petition insofar as it alleged that the child who is the subject of this proceeding was derivatively neglected by respondent father. We affirm. Although Family Court Act § 1046 (a) (i) permits evidence of the father’s neglect of siblings of the child to be considered in determining whether the child was neglected, “the statute does not mandate a finding of derivative neglect” (Matter of Jocelyne J., 8 AD3d 978, 979 [2004]), and “such…

2Cases cited3 opinions

  1. In re Evelyn B.Appellate Division of the Supreme Court of the State of New York · 2006
  2. In re Jocelyne J.Appellate Division of the Supreme Court of the State of New York · 2004
  3. In re Ronald M.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by3 opinions

  1. In re Cleophus B.Appellate Division of the Supreme Court of the State of New York · 2012
  2. B., CLEOPHUS, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Mekayla S.Appellate Division of the Supreme Court of the State of New York · 2024

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