Legal Opinion

In re Deivi R.

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

Decided December 10, 2009PublishedCited by 19 opinions

1Opinion of the Court

A preponderance of the evidence supports the finding that respondent neglected Helvis by inflicting excessive corporal punishment upon him (see Family Ct Act § 1012 [f| [i] [B]). The record shows that Helvis told the caseworker that he was afraid of respondent since respondent regularly hit him, including in the back with a belt which produced a red mark that lasted for a week, and punched him in the face (see Matter of Maria Raquel L., 36 AD3d 425 [2007]; Matter of Jason G., 3 AD3d 340 [2004], *499lv denied 2 NY3d 702 [2004]). These out-of-court statements were sufficiently corroborated by the…

2Cases cited5 opinions

  1. In re Nicole V.New York Court of Appeals · 1987
  2. Matter of O.New York Court of Appeals · 1975
  3. In re Sabrina M.Appellate Division of the Supreme Court of the State of New York · 2004
  4. In re Maria Raquel L.Appellate Division of the Supreme Court of the State of New York · 2007
  5. In re Corey C.Appellate Division of the Supreme Court of the State of New York · 2005

3Cited by19 opinions

  1. In re Naomi J.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of Tyson T. (Latoyer T.)Appellate Division of the Supreme Court of the State of New York · 2017
  3. In re Virginia C.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Matter of Rahmel G. (Carlene G.)Appellate Division of the Supreme Court of the State of New York · 2022
  5. Matter of Rahmel G. (Carlene G.)Appellate Division of the Supreme Court of the State of New York · 2022

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