Legal Opinion

In re Anjanne J.

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

Decided October 11, 2007PublishedCited by 1 opinion

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

  1. In re R./C. ChildrenAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by1 opinion

  1. In re Shaun B.Appellate Division of the Supreme Court of the State of New York · 2008

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