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Matter of Busch v. Margaret

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 837 (N.Y. App. Div. 1985)

Opinion

March 18, 1985

Appeal from the Family Court, Rockland County (Weiner, J.).


Order affirmed, without costs or disbursements.

Upon our review of the record, we find that petitioner established by a preponderance of the evidence that appellant had failed to exercise a minimum degree of care in providing adequate food, shelter and clothing to her children from August 1981, through December 1981 ( see, Family Ct Act § 1012 [f] [i] [A]; § 1046 [b] [i]; Matter of Hofbauer, 47 N.Y.2d 648). The record establishes that appellant maintained her home in a deplorable and unsanitary condition during that time and such conditions necessarily imply an imminent danger of impairment of the children's health ( see, Matter of Shelley Renea K., 79 A.D.2d 1073). Appellant offered no explanation for these conditions and did not cooperate with petitioner's investigation. Although the last visit indicated that the house had been cleaned up, the Family Court did not abuse its discretion in placing appellant under the temporary supervision of petitioner for a period of one year. Mollen, P.J., Titone, Lazer and Rubin, JJ., concur.


Summaries of

Matter of Busch v. Margaret

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 837 (N.Y. App. Div. 1985)
Case details for

Matter of Busch v. Margaret

Case Details

Full title:In the Matter of CAMILLE BUSCH, Respondent, v. MARGARET B., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 18, 1985

Citations

109 A.D.2d 837 (N.Y. App. Div. 1985)

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