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In the Matter of Jeremiah M

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 2002
290 A.D.2d 450 (N.Y. App. Div. 2002)

Opinion

2000-06151

Submitted December 7, 2001.

January 14, 2002.

In a child protective proceeding pursuant to Family Court Act article 10, the father appeals, as limited by his brief, from so much of an order of fact-finding and disposition of the Family Court, Kings County (Porzio, J.), dated June 27, 2000, as, after a hearing, found that he had neglected the subject child.

Richard L. Herzfeld, P.C., New York, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Dona B. Morris of counsel), for respondent.

Monica Drinane, New York, N.Y. (Patricia S. Colella of counsel), Law Guardian for the child.

Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, CORNELIUS J. O'BRIEN, ROBERT W. SCHMIDT, JJ.


ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Where, as here, issues of credibility are presented, the Family Court's findings must be accorded great deference (see, Matter of Alan B. [Vika B.], 267 A.D.2d 306). The evidence supports the determination of the Family Court that the presentment agency established by a preponderance of the evidence that the father neglected Jeremiah in that he committed acts of domestic violence against the mother in the presence of Jeremiah, and that while carrying Jeremiah, placed him at a substantial risk of harm by engaging in a physical altercation with another person (see, Matter of Deandre T. [Wendell T.], 253 A.D.2d 497; Matter of Lonell J., 242 A.D.2d 58; Family Ct Act § 1012[f][i][B]).

SANTUCCI, J.P., FLORIO, O'BRIEN and SCHMIDT, JJ., concur.


Summaries of

In the Matter of Jeremiah M

Appellate Division of the Supreme Court of New York, Second Department
Jan 14, 2002
290 A.D.2d 450 (N.Y. App. Div. 2002)
Case details for

In the Matter of Jeremiah M

Case Details

Full title:IN THE MATTER OF JEREMIAH M. (ANONYMOUS). WILLIAM M. (ANONYMOUS)…

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

Date published: Jan 14, 2002

Citations

290 A.D.2d 450 (N.Y. App. Div. 2002)
738 N.Y.S.2d 585

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