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In re Brittany B

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 2000
275 A.D.2d 986 (N.Y. App. Div. 2000)

Opinion

September 29, 2000.

Appeal from Order of Chautauqua County Family Court, Hartley, J. — Neglect.

PRESENT: GREEN, J. P., PINE, WISNER, KEHOE AND BALIO, JJ.


Order unanimously affirmed without costs.

Memorandum:

Petitioner met its burden of establishing by a preponderance of the evidence that respondent neglected her daughter. The evidence at the fact-finding hearing established that respondent, upon learning that her daughter had been sexually abused by her fiancé, refused to believe her daughter and declined her fiancé's offer to vacate the home. In addition, petitioner presented expert proof that the daughter's emotional condition has been impaired as the result of respondent's actions ( see, Family Ct Act § 1012 [f] [i]). Thus, petitioner established that the daughter has been impaired as the result of the failure of respondent to exercise a minimum degree of care in providing her daughter with proper supervision ( see, Family Ct Act § 1012 [f] [i] [B]; Matter of Rita XX., 249 A.D.2d 850, 851; see also, Matter of Jennifer G. [appeal No. 2], 261 A.D.2d 823).


Summaries of

In re Brittany B

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 2000
275 A.D.2d 986 (N.Y. App. Div. 2000)
Case details for

In re Brittany B

Case Details

Full title:MATTER OF BRITTANY B. CHAUTAUQUA COUNTY DEPARTMENT OF SOCIAL SERVICES…

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

Date published: Sep 29, 2000

Citations

275 A.D.2d 986 (N.Y. App. Div. 2000)
715 N.Y.S.2d 197

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