From Casetext: Smarter Legal Research

In the Matter of Robert D

Appellate Division of the Supreme Court of New York, Second Department
May 31, 2005
18 A.D.3d 871 (N.Y. App. Div. 2005)

Opinion

2004-02525.

May 31, 2005.

In five related child protective proceedings pursuant to article 10 of the Family Court Act, the petitioner appeals from an order of the Family Court, Dutchess County (Sammarco, J.), dated March 4, 2004, which denied the petitions and dismissed the proceedings.

Before: H. Miller, J.P., Ritter, Goldstein and Spolzino, JJ., concur.


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellant's contention, it failed to prove by a preponderance of the evidence that one of the subject children was sexually abused by another as alleged and, therefore, that the respondent parents were chargeable with neglect for failing to protect against the same ( see generally Matter of Nicole V., 71 NY2d 112; Matter of Brittany K., 308 AD2d 585; Matter of Latisha W., 221 AD2d 645).


Summaries of

In the Matter of Robert D

Appellate Division of the Supreme Court of New York, Second Department
May 31, 2005
18 A.D.3d 871 (N.Y. App. Div. 2005)
Case details for

In the Matter of Robert D

Case Details

Full title:In the Matter of ROBERT D., a Child Alleged to be Neglected. DUTCHESS…

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

Date published: May 31, 2005

Citations

18 A.D.3d 871 (N.Y. App. Div. 2005)
796 N.Y.S.2d 379

Citing Cases

Lebraun H. v. Brenda H. (In re Lebraun H.)

We agree with respondent in appeal No. 1 that DSS failed to meet its burden of establishing by a…