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Matter of Commr. of Social Serv. v. Abigail

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 1995
219 A.D.2d 652 (N.Y. App. Div. 1995)

Opinion

September 18, 1995

Appeal from the Family Court, Kings County (Pearce, J.).


Ordered that the appeal from so much of the order of disposition, as amended, as placed three of children in the custody of the Department of Social Services is dismissed as academic, without costs or disbursements; and it is further,

Ordered that the order of disposition, as amended, is affirmed insofar as reviewed, without costs or disbursements.

Pursuant to Family Court Act § 1012 (e) (i), a child is deemed abused when, inter alia, a parent "inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health."

Upon our review of the record we find that the evidence overwhelmingly establishes that the appellant abused her children within the meaning of Family Court Act § 1012 (e) (i).

We find no merit to the appellant's remaining contentions. O'Brien, J.P., Joy, Goldstein and Florio, JJ., concur.


Summaries of

Matter of Commr. of Social Serv. v. Abigail

Appellate Division of the Supreme Court of New York, Second Department
Sep 18, 1995
219 A.D.2d 652 (N.Y. App. Div. 1995)
Case details for

Matter of Commr. of Social Serv. v. Abigail

Case Details

Full title:In the Matter of COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK…

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

Date published: Sep 18, 1995

Citations

219 A.D.2d 652 (N.Y. App. Div. 1995)
631 N.Y.S.2d 529