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In re Riley C. (Anonymous). Suffolk Cnty. Dep't of Soc. Servs.

Supreme Court, Appellate Division, Second Department, New York.
Apr 20, 2016
138 A.D.3d 990 (N.Y. App. Div. 2016)

Opinion

04-20-2016

In the Matter of RILEY C. (Anonymous). Suffolk County Department of Social Services, respondent; Steven C. (Anonymous), appellant.

Glenn Gucciardo, Northport, NY, for appellant. Dennis M. Brown, County Attorney, Central Islip, N.Y. (Danielle N. Guida of counsel), for respondent. Robert C. Mitchell, Central Islip, N.Y. (John B. Belmonte of counsel), attorney for the child.


Glenn Gucciardo, Northport, NY, for appellant.

Dennis M. Brown, County Attorney, Central Islip, N.Y. (Danielle N. Guida of counsel), for respondent.

Robert C. Mitchell, Central Islip, N.Y. (John B. Belmonte of counsel), attorney for the child.

Opinion

Appeal from an order of fact-finding and disposition of the Family Court, Suffolk County (Bernard Cheng, J.), dated January 28, 2015. The order, insofar as appealed from, upon a decision of that court dated December 16, 2014, made after a fact-finding hearing, found that the father neglected the subject child.

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

The petitioner commenced this proceeding pursuant to Family Court Act article 10. After a fact-finding hearing, the Family Court, inter alia, found that the father neglected the subject child. The father appeals.

The Family Court's finding that the father neglected the subject child by placing the child in imminent danger of physical harm when he knowingly and intentionally drove his vehicle into a vehicle in which the child was seated is supported by a preponderance of the evidence and will not be disturbed (see Family Ct. Act §§ 1012[f][i][B]; 1046[b]; see also Matter of Evan F., 48 A.D.3d 811, 853 N.Y.S.2d 142; Vehicle and Traffic Law § 1212).

ENG, P.J., HALL, SGROI and DUFFY, JJ., concur.


Summaries of

In re Riley C. (Anonymous). Suffolk Cnty. Dep't of Soc. Servs.

Supreme Court, Appellate Division, Second Department, New York.
Apr 20, 2016
138 A.D.3d 990 (N.Y. App. Div. 2016)
Case details for

In re Riley C. (Anonymous). Suffolk Cnty. Dep't of Soc. Servs.

Case Details

Full title:In the Matter of RILEY C. (Anonymous). Suffolk County Department of Social…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 20, 2016

Citations

138 A.D.3d 990 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 2991
28 N.Y.S.3d 623

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