In re Anjanne J.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about January 3, 2006, finding that respondent-appellant derivatively neglected the subject child based on his abuse of the child’s half *408sister, unanimously reversed, on the law, without costs, the finding of neglect vacated and the petition dismissed.
It is not legally possible to find abuse of a child by a person who is not legally responsible for the child’s care (Family Ct Act § 1012 [a]; see Matter of R./C. Children, 303 AD2d 172 [2003]). Therefore, as petitioner concedes, Family Court’s unchallenged finding that…
2Cases cited1 opinion
- In re R./C. ChildrenAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by1 opinion
- In re Shaun B.Appellate Division of the Supreme Court of the State of New York · 2008