Legal Opinion

In re Davion A.

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

Decided December 1, 2009PublishedCited by 4 opinions

1Opinion of the Court

The finding of neglect was supported by a preponderance of the evidence showing that respondent inflicted excessive corporal punishment on one of the children (see Matter of Devante S., 51 AD3d 482 [2008]) and engaged in acts of domestic violence against the children’s mother in their presence (see Matter of Elijah C., 49 AD3d 340 [2008]), which impaired or created an imminent danger of impairing their physical, emotional or mental well-being. No basis exists for disturbing the court’s findings of fact and assessment of credibility, which *407are supported by the record (see Matter of Fernando…

2Cases cited3 opinions

  1. In re Devante S.Appellate Division of the Supreme Court of the State of New York · 2008
  2. In re Elijah C.Appellate Division of the Supreme Court of the State of New York · 2008
  3. In re Fernando S.Appellate Division of the Supreme Court of the State of New York · 2009

3Cited by4 opinions

  1. In re Niyah E.Appellate Division of the Supreme Court of the State of New York · 2010
  2. In re Samuel V.S.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Matter of Heily A. (Flor F.)Appellate Division of the Supreme Court of the State of New York · 2018
  4. Matter of Jaiden M. (Jeffrey R.)Appellate Division of the Supreme Court of the State of New York · 2018

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