From Casetext: Smarter Legal Research

Matter of Jimmy

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 1995
218 A.D.2d 734 (N.Y. App. Div. 1995)

Opinion

August 21, 1995

Appeal from the Family Court, Suffolk County (McNulty, J.).


Ordered that the orders are affirmed, without costs or disbursements.

The Family Court properly awarded summary judgment to the Suffolk County Department of Social Services. The father was convicted in County Court of sodomy in the second degree and two counts of sexual abuse in the second degree. The same conduct was alleged in the abuse petition filed in regard to Jimmy. The father's criminal conviction is conclusive proof as to the finding that Jimmy is an abused child (see, Matter of Suffolk County Dept. of Social Servs. [Michael V.] v. James M., 83 N.Y.2d 178; Matter of Sarah L., 207 A.D.2d 1016). The father's unsubstantiated allegations were insufficient to raise a factual issue (see, Zuckerman v. City of New York, 49 N.Y.2d 557). Thus, summary judgment was properly granted (see, Matter of Suffolk County Dept. of Social Servs. [Michael V.] v. James M., supra; S.T. Grand, Inc. v. City of New York, 32 N.Y.2d 300, 304). Under the circumstances of this case, the finding that the father sexually abused Jimmy supported a summary determination that Bryan was a neglected child (see, Family Ct Act § 1046 [a] [i]; Matter of Dutchess County Dept. of Social Servs. [Douglas E., III] v. Douglas E., Jr., 191 A.D.2d 694; Matter of Rasheda S., 183 A.D.2d 770). Rosenblatt, J.P., Altman, Hart and Friedmann, JJ., concur.


Summaries of

Matter of Jimmy

Appellate Division of the Supreme Court of New York, Second Department
Aug 21, 1995
218 A.D.2d 734 (N.Y. App. Div. 1995)
Case details for

Matter of Jimmy

Case Details

Full title:In the Matter of JIMMY A. and Another, Children Alleged to be Abused and…

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

Date published: Aug 21, 1995

Citations

218 A.D.2d 734 (N.Y. App. Div. 1995)
630 N.Y.S.2d 578

Citing Cases

In Matter of William S.

Unsubstantiated allegations are insufficient to raise a triable issue of fact and will not defeat entry of…

In Matter of Angel S.

" Zuckerman v. City of New York, 49 NY2d 557 (Court of Appeals 1980). Unsubstantiated allegations are…