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Matter of Children

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 699 (N.Y. App. Div. 1993)

Opinion

March 29, 1993

Appeal from the Family Court, Orange County (Bivona, J.).


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

We disagree with the appellant's contention that there was insufficient evidence of neglect. A police officer responding to a report of a child being assaulted was told by the appellant's oldest child that appellant had assaulted her with a rope, causing her to fall and hit her head on a table. The officer observed bruises on the child's neck, face, thighs, legs and arms, and the bruises appeared to be the result of a beating. This evidence was corroborated by photographs of the child, who received medical treatment at a hospital, and the testimony of a caseworker. After the incident, the mother left the oldest child alone with the other children, ages 3 years old and 1 year old. Thus, the Orange County Department of Social Services proved by a preponderance of the evidence that the mother had neglected the children (see, Family Ct Act § 1012 [f] [i] [B]; § 1046 [a] [i]; Matter of Melissa R., 162 A.D.2d 754; Matter of Cruz, 121 A.D.2d 901; Matter of M. Children, 91 A.D.2d 612; Matter of Christina Maria C., 89 A.D.2d 855). Lawrence, J.P., Eiber, Miller and Pizzuto, JJ., concur.


Summaries of

Matter of Children

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 699 (N.Y. App. Div. 1993)
Case details for

Matter of Children

Case Details

Full title:In the Matter of I. Children, Children Alleged to be Neglected. ORANGE…

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

Date published: Mar 29, 1993

Citations

191 A.D.2d 699 (N.Y. App. Div. 1993)
596 N.Y.S.2d 433

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