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Matter of Sabrina D. v. Nicolas D.

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 2011
2011 N.Y. Slip Op. 7166 (N.Y. App. Div. 2011)

Opinion

5693.

Decided on October 13, 2011.

Order of fact-finding and disposition, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about October 15, 2009, which, upon a fact-finding determination that respondent father neglected the subject child, placed the child in the custody of the Commissioner of Social Services pending the completion of the next permanency hearing, unanimously affirmed, without costs.

Jay A. Maller, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Francis F. Caputo of counsel), for respondent.

Law Offices of Randall S. Carmel, P.C., Syosset (Randall S. Carmel of counsel), attorney for the child.

Gonzalez, P.J., Andrias, Saxe, Sweeny, JJ.


The finding of neglect is supported by a preponderance of the evidence ( see Family Court Act §§ 1012[f][i][B]; 1046[b][i]), including respondent's testimony that he threw a glass vase or fish bowl at the child's mother, causing it to shatter near the child, and that he permitted the child to be alone with her mother despite his knowledge that the mother was abusing heroin and crack cocaine ( see Matter of Stephanie S. [Ruben S.] , 70 AD3d 519 ).

We have considered respondent's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Matter of Sabrina D. v. Nicolas D.

Appellate Division of the Supreme Court of New York, First Department
Oct 13, 2011
2011 N.Y. Slip Op. 7166 (N.Y. App. Div. 2011)
Case details for

Matter of Sabrina D. v. Nicolas D.

Case Details

Full title:IN RE SABRINA D., A Dependent Child Under the Age of Eighteen Years, etc.…

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

Date published: Oct 13, 2011

Citations

2011 N.Y. Slip Op. 7166 (N.Y. App. Div. 2011)
930 N.Y.S.2d 563