In re Elijah J., 77 A.D.3d 835 (N.Y. App. Div. 2d Dep't 2010). · Go Syfert
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In re Elijah J., 77 A.D.3d 835 (N.Y. App. Div. 2d Dep't 2010). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Jubilee S. (James S.), 149 A.D.3d 965 (N.Y. App. Div. 2d Dep't 2017)
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In the Matter of Elijah J., a Child Alleged to be Neglected. Administration for Children's Services, Respondent Phillip J., (Proceeding No. 1.) In the Matter of Leah J., a Child Alleged to be Neglected. Administration for Children's Services, Respondent Phillip J., (Proceeding No. 2.)
Appellate Division of the Supreme Court of the State of New York.
Oct 19, 2010.
Published opinion
77 A.D.3d 835
Cited by 20 opinions  |  Published

In related child neglect proceedings pursuant to Family Court Act article 10, the father appeals from a fact-finding order of the Family Court, Queens County (Richter, J.), dated August 3, 2009, which, after a hearing, found that he neglected the subject children.

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

Although an isolated incident of domestic violence outside the presence of a child is insufficient to establish neglect (see Matter of Larry O., 13 AD3d 633 [2004]; Matter of Davin G., 11 AD3d 462 [2004]), the act of domestic violence in the instant case was neither isolated nor perpetrated outside the presence of the subject children. A pattern of domestic violence was alleged in the petition and supported by the mother’s testimony at the fact-finding hearing.

The father’s remaining contentions are without merit (see Matter of Fa’Shon S., 40 AD3d 863 [2007]; Matter of Tiffany L., 294 AD2d 365, 366 [2002]; Matter of Raymond Anthony A., 192 AD2d 529, 530 [1993]). Mastro, J.P., Covello, Dickerson and Roman, JJ., concur.