Legal Opinion

In re Shayna R.

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

Decided December 9, 2008PublishedCited by 10 opinions

1Opinion of the Court

The finding of neglect was supported by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]), including the cross-corroborating statements of the children Brandon and Shayna that the mother routinely left them and their younger sister alone in the apartment, sometimes in the middle of the night *263(see Matter of Nicole V., 71 NY2d 112, 124 [1987]). There exists no basis upon which to disturb the court’s credibility determinations (see Matter of Frantrae W., 45 AD3d 412 [2007], lv denied 10 NY3d 705 [2008]).

The totality of the circumstances establish that the award of custody of Brandon…

2Cases cited4 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. In re Nicole V.New York Court of Appeals · 1987
  3. In re Frantrae W.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Olimpia M. v. Steven M.Appellate Division of the Supreme Court of the State of New York · 1996

3Cited by10 opinions

  1. Angel M. v. Nereida M.Appellate Division of the Supreme Court of the State of New York · 2012
  2. In re Hannah L.Appellate Division of the Supreme Court of the State of New York · 2014
  3. In re Hannah L.Appellate Division of the Supreme Court of the State of New York · 2014
  4. In re Naqi T.Appellate Division of the Supreme Court of the State of New York · 2015
  5. In re Naqi T.Appellate Division of the Supreme Court of the State of New York · 2015

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