In re Katie R., 251 A.D.2d 698 (N.Y. App. Div. 1998). · Go Syfert
In re Katie R., 251 A.D.2d 698 (N.Y. App. Div. 1998). Cases Citing This Book View Copy Cite
33 citation events (30 in the last 25 years) across 3 distinct courts.
Strongest positive: Matter of Andre K. (Jamahal G.) (nyappdiv, 2016-09-28)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 20 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Andre K. (Jamahal G.)
N.Y. App. Div. · 2016 · confidence medium
Actual *1173 injury or impairment is not required, and a finding of neglect may be made provided a preponderance of the evidence demonstrates that the child is in imminent danger of injury or impairment (see Matter of Andrew S., 43 AD3d 1170, 1171 [2007]; Matter of Salvatore C., 6 AD3d 431, 432 [2004]; Matter of Katie R., 251 AD2d 698, 699 [1998]).
discussed Cited as authority (rule) In re Draven I.
N.Y. App. Div. · 2011 · confidence medium
Under these circumstances, we agree with Family Court that a preponderance of the evidence establishes that respondent’s conduct placed the children in imminent danger of physical harm (see Matter of Katie R., 251 AD2d 698, 700 [1998], Iv denied 92 NY2d 809 [1998]; see also Matter of Christine Y. v Carrion, 75 AD3d 831, 832 [2010]).
discussed Cited as authority (rule) In re Amelia W.
N.Y. App. Div. · 2010 · confidence medium
“Significantly, actual injury or impairment is not required, and a finding of neglect may be made provided a preponderance of the evidence demonstrates that the child is in imminent danger of injury or impairment” (Matter of Salvatore C., 6 AD3d 431, 432 [2004] [internal quotation marks omitted]; see Family Ct Act § 1012 [f] [i]; Matter of Katie R., 251 AD2d 698, 699 [1998]).
discussed Cited as authority (rule) Christine Y. v. Carrion
N.Y. App. Div. · 2010 · confidence medium
Here, petitioner failed to properly care for her son, and placed him in imminent danger of physical injury when she attempted to drive him home while her ability to do so was impaired by alcohol (see Matter of Megan G., 291 AD2d 636, 639 [2002]; Matter of Katie R., 251 AD2d 698, 700 [1998], lv denied 92 NY2d 809 [1998]).
discussed Cited as authority (rule) In re Jesse XX.
N.Y. App. Div. · 2010 · confidence medium
As to the mother, the court’s assessment of her credibility is entitled to great deference (see Matter of Megan G., 291 AD2d 636, 637 [2002]; Matter of Katie R., 251 AD2d 698, 699 [1998], lv denied 92 NY2d 809 [1998]), and its rejection of her claim that the various witnesses against her were lying is soundly supported by, among other things, the multiple inconsistencies and contradictions in her testimony.
discussed Cited as authority (rule) In re Elijah NN.
N.Y. App. Div. · 2009 · confidence medium
“Actual injury or impairment need not be found, as long as a preponderance of the evidence establishes that the child is in imminent danger of either injury or impairment” (Matter of Katie R., 251 AD2d 698, 699 [1998], lv denied 92 NY2d 809 [1998] [internal quotation marks and citations omitted]; accord Matter of Markus MM., 17 AD3d 747, 748 [2005]).
discussed Cited as authority (rule) In re Andrew S.
N.Y. App. Div. · 2007 · confidence medium
“Significantly, actual injury or impairment is not required, and a finding of neglect may be made provided a preponderance of the evidence demonstrates that the child is in ‘imminent danger’ of injury or impairment” (Matter of Salvatore C., 6 AD3d 431, 432 [2004], quoting Matter of Katie R., 251 AD2d 698, 699 [1998]; see Matter of Rakim W., 17 AD3d 376, 377 [2005]).
discussed Cited as authority (rule) In re Kayla F.
N.Y. App. Div. · 2007 · confidence medium
To establish neglect, actual injury is not necessary, but petitioner was required to prove by a preponderance of the evidence that the children’s physical, mental or emotional condition had been harmed or was in imminent danger of injury or impairment (see Family Ct Act § 1012 [fl [i] [B]; Matter of Antonio NN. supra at 827; Matter of Markus MM., 17 AD3d 747, 748 [2005]; Matter of Katie R., 251 AD2d 698, 699 [1998], lv denied 92 NY2d 809 [1998]).
discussed Cited as authority (rule) In re Joseph O.
N.Y. App. Div. · 2006 · confidence medium
Actual injury or impairment is not required, and a finding of neglect may be made if a preponderance of the evidence demonstrates that the child is in “imminent danger” of injury or impairment (Matter of Rakim W., 17 AD3d 376, 377 [2005]; see Matter of Salvatore C., 6 AD3d 431, 432 [2004]; Matter of Katie R., 251 AD2d 698, 699 [1998]).
discussed Cited as authority (rule) In re Amber DD.
N.Y. App. Div. · 2006 · confidence medium
Although no adverse reaction to the medication was shown, actual injury is not required as long as there is imminent danger of injury or impairment (see Matter of Katie R., 251 AD2d 698, 699-700 [1998], lv denied 92 NY2d 809 [1998]).
discussed Cited as authority (rule) In re William AA.
N.Y. App. Div. · 2005 · confidence medium
Although there was no expert proof that the child had an adverse reaction directly related to the discontinuation of this medication, physical injury is not required to establish neglect (see Matter of Katie R., 251 AD2d 698, 699 [1998], lv denied 92 NY2d 809 [1998]; compare Matter of Sampson, 37 AD2d 668 [1971], affd 29 NY2d 900 [1972]).
discussed Cited as authority (rule) In re Krista L.
N.Y. App. Div. · 2005 · confidence medium
Respondent now appeals. “[A] party seeking to establish neglect must show, by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]), first, that a child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; see Family Ct Act § 1012 [f| [i]; Matter of Randy V.…
discussed Cited as authority (rule) In re Corey C.
N.Y. App. Div. · 2005 · confidence medium
Moreover, while Corey did not appear to exhibit physical signs of abuse following the incident, “[ajctual injury or impairment need not be found, as long as a preponderance of the evidence establishes that the child is in ‘imminent danger’ of either injury or impairment” (Matter of Katie R., 251 AD2d 698, 699 [1998], lv denied 92 NY2d 809 [1998], quoting Matter of Maroney v Perales, 102 AD2d 487, 489 [1984]; accord Matter of Markus MM., 17 AD3d 747, 748 [2005]).
discussed Cited as authority (rule) In re Markus MM.
N.Y. App. Div. · 2005 · confidence medium
In this regard, the case law makes clear that “[ajctual injury or impairment need not be found, as long as a preponderance of the evidence establishes that the child is in ‘imminent danger’ of either injury or impairment” (Matter of Katie R., 251 AD2d 698, 699 [1998], lv denied 92 NY2d 809 [1998]; see Matter of Katlyn GG., 2 AD3d 1233, 1234 [2003]).
discussed Cited as authority (rule) In re Rakim W.
N.Y. App. Div. · 2005 · confidence medium
“Significantly, actual injury or impairment is not required, and a finding of neglect may be made provided a preponderance of the evidence demonstrates that the child is in ‘imminent danger’ of injury or impairment” (Matter of Salvatore C., 6 AD3d 431, 432 [2004], quoting Matter of Katie R., 251 AD2d 698, 699 [1998]; see Matter of Maroney v Perales, 102 AD2d 487, 489 [1984]).
discussed Cited as authority (rule) In re Senator NN.
N.Y. App. Div. · 2004 · confidence medium
Considering the totality of the circumstances presented (see Matter of Catherine KK., 280 AD2d 732, 735 [2001]; Matter of Katie R., 251 AD2d 698, 699 [1998], lv denied 92 NY2d 809 [1998]; Matter of Kathleen OO., 232 AD2d 784, 785 [1996]), we conclude that the testimony and other relevant evidence support the finding of neglect.
discussed Cited as authority (rule) In re Salvatore C.
N.Y. App. Div. · 2004 · confidence medium
Significantly, actual injury or impairment is not required, and a finding of neglect may be made provided a preponderance of the evidence demonstrates that the child is in “imminent danger” of injury or impairment (Matter of Katie R., 251 AD2d 698, 699 [1998]; Matter of Maroney v Perales, 102 AD2d 487, 489 [1984]; see Matter of Katlyn GG., 2 AD3d 1233, 1234 [2003]).
discussed Cited as authority (rule) In re Katlyn GG.
N.Y. App. Div. · 2003 · confidence medium
In this regard, the case law makes clear that “[a]ctual injury or impairment need not be found, as long as a preponderance of the evidence establishes that the child is in ‘imminent danger’ of either injury or impairment” (Matter of Katie R., 251 AD2d 698, 699 [1998], lv denied 92 NY2d 809 [1998]; see Matter of Megan G., 291 AD2d 636, 637 [2002]; Matter of Scott M., 284 AD2d 589, 591 [2001]).
discussed Cited as authority (rule) In re Catherine KK. (2×)
N.Y. App. Div. · 2001 · confidence medium
The record amply supports the conclusion that the child was, at the very least, in imminent danger of becoming impaired as a result of respondent’s failure to exercise a minimum degree of care by behavior serious enough to require the aid of the court (see, Matter of Katie R., supra, at 700; Matter of Christina LL., 233 AD2d 705, 708 , lv denied 89 NY2d 812 ).
discussed Cited "see" Matter of Robert D Jr. (2×)
N.Y. Fam. Ct., Suffolk Cty. · 2005 · signal: see · confidence high
See, Matter of Katie R. , 251 AD2d 698 , 673 NYS2d 792 , lv. denied 92 NY2d 809 , 678 NYS2d 594 ; Matter of Christine L.L. , 233 AD2d 705 , 650 NYS2d 815 , lv. denied 89 NY2d 812 , 657 NYS2d 405 .
Retrieving the full opinion text from the archive…
In the Matter of Katie R. and Another, Children Alleged to be Neglected. St. Lawrence County Department of Social Services, Respondent Tammy R., Respondent Edwin R.
Appellate Division of the Supreme Court of the State of New York.
Jun 4, 1998.
251 A.D.2d 698
1998 N.Y. App. Div. LEXIS 6465
Mikoll.
Cited by 28 opinions  |  Published
Mikoll, J. P.

Appeal from an order of the Family Court of St. Lawrence County (Nelson, J.), entered June 6, 1996, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 10, to adjudicate respondents’ children to be neglected.

Respondents are the parents of two children, Katie R. (born in 1994) and Edwin R. (born in 1995). Both respondents have disabilities, receive SSI (the father is hearing impaired while the mother is mentally deficient) and received services from petitioner prior to the instant proceeding. The mother’s foster care preventive caseworker (in place pursuant to a previous finding of neglect against the mother regarding another child)[*699] serves as her representative payee. In September 1995, petitioner filed individual neglect petitions against respondents, originally only as to Katie but subsequently amended to add derivative allegations of neglect as to Edwin.

Following a fact-finding hearing, Family Court entered a finding of neglect as to Katie and a derivative finding of neglect as to Edwin, concluding that a preponderance of the evidence established that the children were placed in imminent danger of impairment as a result of respondents’ failure to exercise a minimum degree of care in their supervision and guardianship. Following a dispositional hearing in March 1996, the children were placed under petitioner’s supervision for a period of 12 months and respondents were directed to participate in supervised services and counseling sessions. Only the father (hereinafter referred to as respondent) appeals.

A neglected child is one whose “physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired” as a result of the caretaker’s failure “to exercise a minimum degree of care * * * in providing the child with proper supervision or guardianship” (Family Ct Act § 1012 [f| [i] [B]). Actual injury or impairment need not be found, as long as a preponderance of the evidence establishes that the child is in “imminent danger” of either injury or impairment (Matter of Maroney v Perales, 102 AD2d 487, 489; see, Matter of Christina LL., 233 AD2d 705, 708-709, lv denied 89 NY2d 812; Matter of Billy Jean II., 226 AD2d 767, 769). Our review of the record satisfies us that the findings and conclusion of Family Court are supported by legally sufficient evidence. The court was presented with substantial credibility issues, the resolution of which it specifically articulated on the record , and to which we accord great deference (see, Matter of Kim HH., 239 AD2d 717; Matter of Allyn WW., 235 AD2d 837; Matter of Tami G., 209 AD2d 869, 870, lv denied 85 NY2d 804; see also, Matter of Sarah PP., 213 AD2d 749).

The evidence at the hearing established that respondent and his family moved at least eight times during a 14-month period. We find that this was not conducive to the creation of a stable, safe environment. Petitioner’s witnesses also testified that the excessive number of moves inhibited the rendition of necessary services to the family, including homemaker and public health nurse visits which services were particularly critical in view of the parents’ limitations, and hampered petitioner’s efforts to ensure appropriate spending and the provision of necessities. One caseworker testified that on several occasions the family lacked sufficient food.

[*700] Additional evidence also supports Family Court’s findings. This included admissions by both parents and extensive testimony, which revealed a tumultuous, chaotic relationship between the parents with numerous episodes of domestic violence, both physical and verbal, necessitating police involvement on at least four instances. Furthermore, on two occasions respondent placed the children at risk by operating a motor vehicle in a reckless and unsafe manner while the children were passengers. Respondent’s caseworker testified that she observed unsanitary living conditions in the home, including animal feces and excessive garbage.

As urged by petitioner and the Law Guardian, and found by Family Court, a finding of neglect is justified based on the foregoing evidence that the children were in imminent danger of harm or impairment (see, Matter of Alfredo HH., 84 AD2d 860). We likewise find no error in the court’s finding of derivative neglect as to Edwin based upon the finding as to Katie (see, Family Ct Act § 1046 [a] [i], [ii]; Matter of Nathan PP., 246 AD2d 835, lv denied 91 NY2d 813; Matter of Jennifer Q., 235 AD2d 827, 828).

Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the order is affirmed, without costs.