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36 New York opinions name it 2 courts 1991–2024 3 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Nicholson v. Scoppettagreen2 sentences2017“To establish neglect pursuant to section 1012 (í) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, that (1) the child’s physical, mental, or emotional condition has been impaired, or is in imminent danger of becoming impaired, and (2) the actual or threatened harm to the child is due to the failure of the parent or caretaker *967 to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Matter of Kiara C. [David C.], 85 AD3d 1025, 1025-1026 [2011]; see Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]). 2016To establish neglect pursuant to Family Court Act § 1012 (f) (i) (B), a petitioner must demonstrate, by a preponderance of the evidence, (1) that the child’s physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired, and (2) that the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship (see Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; see also Family Ct Act § 1046 [b] [i]). | 19 | 19 |
In re Kiara C.green2 sentences2017“To establish neglect pursuant to section 1012 (í) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, that (1) the child’s physical, mental, or emotional condition has been impaired, or is in imminent danger of becoming impaired, and (2) the actual or threatened harm to the child is due to the failure of the parent or caretaker *967 to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Matter of Kiara C. [David C.], 85 AD3d 1025, 1025-1026 [2011]; see Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]). 2016“To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, that (1) the child’s physical, mental, or emotional condition has been impaired, or is in imminent danger of becoming impaired, and (2) the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Matter of Kiara C. [David C.], 85 AD3d 1025, 1025-1026 [2011]; see Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]). | 16 | 16 |
In re Ariella S.green2 sentences2013“To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, that (1) the child’s physical, mental, or emotional condition has been impaired, or is in imminent danger of becoming impaired, and (2) the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Matter of Kiara C. [David C.], 85 AD3d 1025, 1025-1026 [2011]; see Matter of Michael G.C. [Michael C.], 103 AD3d 890 , 891 2013“To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, that (1) the child’s physical, mental, or emotional condition has been impaired, or is in imminent danger of becoming impaired, and (2) the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Matter of Kiara C. [David C.], 85 AD3d 1025, 1025-1026 [2011]; see Matter of Michael G.C. [Michael C.], 103 AD3d 890 , 891 | 5 | 7 |
In the Matter of Afton C.green2 sentences2014To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, (1) that the child’s physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired, and (2) that the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship (see Matter of Afton C. [James C.], 17 NY3d 1, 9 [2011]; Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; Matter of Kiara C. 2014To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, (1) that the child’s physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired, and (2) that the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship (see Matter of Afton C. [James C.], 17 NY3d 1, 9 [2011]; Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; Matter of Kiara C. | 5 | 5 |
In re Irene O.green2 sentences2013“Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight” (Matter of Heather S., 19 AD3d 606, 608 [2005]; see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010]). 2013“Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight” (Matter of Heather S., 19 AD3d 606, 608 [2005]; see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010]). | 3 | 3 |
In re Michael G.C. Administration for Children's Servicesgreen2 sentences2015Ordered that the order of fact-finding is affirmed, without costs or disbursements. “ ‘To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, that (1) the child’s physical, mental, or emotional condition has been impaired, or is in imminent danger of becoming impaired, and (2) the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship’ ” (Matter of Michael G.C. [Michael C.] 2014Contrary to the father’s contention, the Family Court properly applied the definition of neglect in Family Court Act § 1012 (f) (i) (B) and found, by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]), inter alia, that he failed to exercise a minimum degree of parental care under the circumstances (see Matter of Eugene S. [Priscilla E.], 114 AD3d 691 , 691 [2014]; Matter of Michael G.C. [Michael C.], 103 AD3d 890 , 891 [2013]). | 2 | 7 |
Matter of Khan v. Shahida Z.green2 sentences2022Petitioner's testimony shows that the father did not meet the minimal degree of care since he did not provide for her medical and emotional needs while she was in the Ivory Coast, and has not contributed to her financial support or maintained regular contact with her since she has been in the United States ( see Matter of Khan v Shahida Z ., 184 AD3d 506, 506-507 [1st Dept 2020]; Matter of LeVonn G. [Cecelia G.] , 20 AD3d 530 [2d Dept 2005]). 2022Petitioner's testimony shows that the father did not meet the minimal degree of care since he did not provide for her medical and emotional needs while she was in the Ivory Coast, and has not contributed to her financial support or maintained regular contact with her since she has been in the United States ( see Matter of Khan v Shahida Z ., 184 AD3d 506, 506-507 [1st Dept 2020]; Matter of LeVonn G. [Cecelia G.] , 20 AD3d 530 [2d Dept 2005]). | 2 | 2 |
Matter of Luis R. v. Maria Elena G.green2 sentences2022Exercising our power to review the record and to make our own factual determinations ( see Matter of Luis R. v Maria Elena G. , 120 AD3d 581, 581-582 [2d Dept 2014]), we find that the record supports a finding that reunification of petitioner with her father, respondent Lassina D., is not viable due to neglect within the meaning of Family Court Act § 1012 (f)(i) (A)—(B). 2022Exercising our power to review the record and to make our own factual determinations ( see Matter of Luis R. v Maria Elena G. , 120 AD3d 581, 581-582 [2d Dept 2014]), we find that the record supports a finding that reunification of petitioner with her father, respondent Lassina D., is not viable due to neglect within the meaning of Family Court Act § 1012 (f)(i) (A)—(B). | 2 | 2 |
In re Giancarlo P.green2 sentences2014Although the child had an excessive amount of absences from school, such absences “do[ ] not, ipso facto, establish either the parental misconduct or the harm or potential harm to the child necessary to a finding of [educational] neglect under Family Ct Act § 1012 (f) (i) (A)” (Matter of Giancarlo P., 306 AD2d 28, 28 [1st Dept 2003]). 2014Although the child had an excessive amount of absences from school, such absences “do[ ] not, ipso facto, establish either the parental misconduct or the harm or potential harm to the child necessary to a finding of [educational] neglect under Family Ct Act § 1012 (f) (i) (A)” (Matter of Giancarlo P., 306 AD2d 28, 28 [1st Dept 2003]). | 2 | 2 |
In re Lauryn H.green2 sentences2013“Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight” (Matter of Heather S., 19 AD3d 606, 608 [2005]; see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010]). 2013“Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight” (Matter of Heather S., 19 AD3d 606, 608 [2005]; see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010]). | 2 | 2 |
In re Kassandra V.green2 sentences2013Any determination that a child is a neglected child must be based on a preponderance of the evidence (see Family Ct Act § 1046; Matter of Dallas C. [Dusty M.C. — Richard C.], 103 AD3d 631 [2013]; Matter of Kassandra V [Sylvia L.], 90 AD3d 940, 941 [2011]). 2013Any determination that a child is a neglected child must be based on a preponderance of the evidence (see Family Ct Act § 1046; Matter of Dallas C. [Dusty M.C. — Richard C.], 103 AD3d 631 [2013]; Matter of Kassandra V [Sylvia L.], 90 AD3d 940, 941 [2011]). | 2 | 2 |
In re Heater S.green2 sentences2013“Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight” (Matter of Heather S., 19 AD3d 606, 608 [2005]; see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010]). 2013“Where, as here, there is conflicting testimony and the matter turns upon the assessment of the credibility of witnesses, the factual findings of the hearing court must be accorded great weight” (Matter of Heather S., 19 AD3d 606, 608 [2005]; see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Lauryn H. [William A.], 73 AD3d 1175, 1176 [2010]). | 2 | 2 |
In re Deandre T.green2 sentences2012While domestic violence may be a permissible basis upon which to make a finding of neglect (see Matter of Deandre T., 253 AD2d 497, 498 [1998]), “[n]ot every child exposed to domestic violence is at risk of impairment” (Nicholson v Scoppetta, 3 NY3d at 375 ; Matter of Ariella S. [Krystal C.], 89 AD3d 1092, 1093 [2011] [internal quotation marks omitted]). 2012While domestic violence may be a permissible basis upon which to make a finding of neglect (see Matter of Deandre T., 253 AD2d 497, 498 [1998]), “[n]ot every child exposed to domestic violence is at risk of impairment” (Nicholson v Scoppetta, 3 NY3d at 375 ; Matter of Ariella S. [Krystal C.], 89 AD3d 1092, 1093 [2011] [internal quotation marks omitted]). | 2 | 2 |
In re Ndeye D.green2 sentences2015Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject children by, inter alia, engaging in certain acts of domestic violence in the children’s presence that impaired, or created an imminent danger of impairing, their physical, mental, or emotional condition (see Matter of Amelia V.M.B. [Davidson B.], 107 AD3d 980 [2013]; Matter of Michael G.C. [Michael C.], 103 AD3d 890 , 891 [2013]; Matter of Arietta S. [Krystal C.], 89 AD3d 1092, 1093 [2011]; Matter of Ndeye D. [Benjamin D.], 85 AD3d 1026, 1027 [2011]; Matter of Elijah J. [Philli 2014Here, contrary, to the mother’s contention, a preponderance of the evidence established that she neglected the subject children by, inter alia, engaging in certain acts of domestic violence in the children’s presence that impaired, or created an imminent danger of impairing, their physical, mental, or emotional condition (s ee Matter of Amelia V.M.B. [Davidson B.], 107 AD3d 980 [2013]; Matter of Michael G.C. [Michael C.], 103 AD3d 890 [2013]; Matter of Ariella S. [Krystal C.], 89 AD3d 1092 [2011]; Matter of Ndeye D. [Benjamin D.], 85 AD3d 1026 [2011]; Matter of Elijah J. [Phillip J.], 77 AD3d | 1 | 3 |
Grigoraki v. Board of Appeals of the Town of Hempsteadgreen1 sentence2024Accordingly, the record was insufficient to support a finding of neglect pursuant to Family Court Act § 1012(f)(i)(B) ( see Matter of Anastasia G. , 52 AD3d at 832). | 1 | 1 |
| In re Messiah C.green | 1 | 1 |
| In re Katie R.green | 1 | 1 |
| In re Salvatore C.green | 1 | 1 |
| In re Andrew S.green | 1 | 1 |
| In re Denis F.green | 1 | 1 |
| In re Christiana C.green | 1 | 1 |
| Nassau County Department of Social Services Ex. Rel. Dante M. v. Denise J.green | 1 | 1 |
| Baxter v. Palmigianogreen | 1 | 1 |
| In re Dashawn W.green | 1 | 1 |
| In re Heidi S.green | 1 | 1 |
| In re Krewsean S.green | 1 | 1 |
| In re Keira O.green | 1 | 1 |
| In re Jennifer N.green | 1 | 1 |
| Daily News, L. P. v. Teresigreen | 1 | 1 |
| In re Senator NN.green | 1 | 1 |
| Hearst Corp. v. Clynegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Elijah J.
green
2 sentences2015Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject children by, inter alia, engaging in certain acts of domestic violence in the children’s presence that impaired, or created an imminent danger of impairing, their physical, mental, or emotional condition (see Matter of Amelia V.M.B. [Davidson B.], 107 AD3d 980 [2013]; Matter of Michael G.C. [Michael C.], 103 AD3d 890 , 891 [2013]; Matter of Arietta S. [Krystal C.], 89 AD3d 1092, 1093 [2011]; Matter of Ndeye D. [Benjamin D.], 85 AD3d 1026, 1027 [2011]; Matter of Elijah J. [Philli 2014Here, contrary, to the mother’s contention, a preponderance of the evidence established that she neglected the subject children by, inter alia, engaging in certain acts of domestic violence in the children’s presence that impaired, or created an imminent danger of impairing, their physical, mental, or emotional condition (s ee Matter of Amelia V.M.B. [Davidson B.], 107 AD3d 980 [2013]; Matter of Michael G.C. [Michael C.], 103 AD3d 890 [2013]; Matter of Ariella S. [Krystal C.], 89 AD3d 1092 [2011]; Matter of Ndeye D. [Benjamin D.], 85 AD3d 1026 [2011]; Matter of Elijah J. [Phillip J.], 77 AD3d | 5 | 2013–2015 |
In re Amelia V.M.B.
green
2 sentences2015Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject children by, inter alia, engaging in certain acts of domestic violence in the children’s presence that impaired, or created an imminent danger of impairing, their physical, mental, or emotional condition (see Matter of Amelia V.M.B. [Davidson B.], 107 AD3d 980 [2013]; Matter of Michael G.C. [Michael C.], 103 AD3d 890 , 891 [2013]; Matter of Arietta S. [Krystal C.], 89 AD3d 1092, 1093 [2011]; Matter of Ndeye D. [Benjamin D.], 85 AD3d 1026, 1027 [2011]; Matter of Elijah J. [Philli 2014Here, contrary, to the mother’s contention, a preponderance of the evidence established that she neglected the subject children by, inter alia, engaging in certain acts of domestic violence in the children’s presence that impaired, or created an imminent danger of impairing, their physical, mental, or emotional condition (s ee Matter of Amelia V.M.B. [Davidson B.], 107 AD3d 980 [2013]; Matter of Michael G.C. [Michael C.], 103 AD3d 890 [2013]; Matter of Ariella S. [Krystal C.], 89 AD3d 1092 [2011]; Matter of Ndeye D. [Benjamin D.], 85 AD3d 1026 [2011]; Matter of Elijah J. [Phillip J.], 77 AD3d | 3 | 2014–2015 |
In re Eugene S.
green
2 sentences2014“To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, that (1) the child’s physical, mental or emotional condition has been impaired, or is in imminent danger of becoming impaired, and (2) the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Matter of Eugene S. [Priscilla E.], 114 AD3d 691 , 691 [2014] [internal quotation marks omitted]; see Nicholson v Scoppetta, 2014“To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, that (1) the child’s physical, mental or emotional condition has been impaired, or is in imminent danger of becoming impaired, and (2) the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Matter of Eugene S. [Priscilla E.], 114 AD3d 691 , 691 [2014]; Matter of Kiara C. [David C.], 85 AD3d 1025, 1025-1026 [2011] | 3 | 2014–2014 |
In re LeVonn G.
green
2 sentences2022Petitioner's testimony shows that the father did not meet the minimal degree of care since he did not provide for her medical and emotional needs while she was in the Ivory Coast, and has not contributed to her financial support or maintained regular contact with her since she has been in the United States ( see Matter of Khan v Shahida Z ., 184 AD3d 506, 506-507 [1st Dept 2020]; Matter of LeVonn G. [Cecelia G.] , 20 AD3d 530 [2d Dept 2005]). 2022Petitioner's testimony shows that the father did not meet the minimal degree of care since he did not provide for her medical and emotional needs while she was in the Ivory Coast, and has not contributed to her financial support or maintained regular contact with her since she has been in the United States ( see Matter of Khan v Shahida Z ., 184 AD3d 506, 506-507 [1st Dept 2020]; Matter of LeVonn G. [Cecelia G.] , 20 AD3d 530 [2d Dept 2005]). | 2 | 2022–2022 |
In re Chaim R.
green
2 sentences2014Here, contrary, to the mother’s contention, a preponderance of the evidence established that she neglected the subject children by, inter alia, engaging in certain acts of domestic violence in the children’s presence that impaired, or created an imminent danger of impairing, their physical, mental, or emotional condition (s ee Matter of Amelia V.M.B. [Davidson B.], 107 AD3d 980 [2013]; Matter of Michael G.C. [Michael C.], 103 AD3d 890 [2013]; Matter of Ariella S. [Krystal C.], 89 AD3d 1092 [2011]; Matter of Ndeye D. [Benjamin D.], 85 AD3d 1026 [2011]; Matter of Elijah J. [Phillip J.], 77 AD3d 2014Here, contrary, to the mother’s contention, a preponderance of the evidence established that she neglected the subject children by, inter alia, engaging in certain acts of domestic violence in the children’s presence that impaired, or created an imminent danger of impairing, their physical, mental, or emotional condition (s ee Matter of Amelia V.M.B. [Davidson B.], 107 AD3d 980 [2013]; Matter of Michael G.C. [Michael C.], 103 AD3d 890 [2013]; Matter of Ariella S. [Krystal C.], 89 AD3d 1092 [2011]; Matter of Ndeye D. [Benjamin D.], 85 AD3d 1026 [2011]; Matter of Elijah J. [Phillip J.], 77 AD3d | 2 | 2014–2014 |
In re Anissa A.P.
neutral
2 sentences2014Here, the petitioner failed to establish by a preponderance of the evidence that the mother neglected her children (see Matter of Dallas C. [Dusty M.C. —Richard C.], 103 AD3d 631 , 631 [2013]; Matter of Anissa A.P. [Gasmelba B.], 96 AD3d 853 , 853 [2012]). 2014Here, the petitioner failed to establish by a preponderance of the evidence that the mother neglected her children (see Matter of Dallas C. [Dusty M.C. —Richard C.], 103 AD3d 631 , 631 [2013]; Matter of Anissa A.P. [Gasmelba B.], 96 AD3d 853 , 853 [2012]). | 2 | 2014–2014 |
In re Joshua J.
neutral
2 sentences2013“To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, that (1) the child’s physical, mental, or emotional condition has been impaired, or is in imminent danger of becoming impaired, and (2) the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Matter of Kiara C. [David C.], 85 AD3d 1025, 1025-1026 [2011]; see Matter of Afton C. [James C.], 17 NY3d 1, 9 [2011]; Matt 2013“To establish neglect pursuant to section 1012 (f) (i) (B) of the Family Court Act, the petitioner must prove, by a preponderance of the evidence, that (1) the child’s physical, mental, or emotional condition has been impaired, or is in imminent danger of becoming impaired, and (2) the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Matter of Kiara C. [David C.], 85 AD3d 1025, 1025-1026 [2011]; see Matter of Afton C. [James C.], 17 NY3d 1, 9 [2011]; Matt | 2 | 2013–2013 |
In re Briana F.
green
2 sentences2013Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject child, inter alia, by engaging in an act of domestic violence against the mother in the child’s presence that created an imminent danger of impairing the child’s physical, mental, or emotional condition (see Family Ct Act § 1012 [f] [i] [B]; Matter of Kiara C. [David C.], 85 AD3d at 1026 ; Matter of Elijah J. [Phillip J.], 77 AD3d 835 [2010]; Matter of Briana F. [Oswaldo F.], 69 AD3d 718 [2010]; Matter of Jordan E., 57 AD3d 539 [2008]; Matter of Andrew Y., 44 AD3d 1063 [2007]; M 2013Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject child, inter alia, by engaging in an act of domestic violence against the mother in the child’s presence that created an imminent danger of impairing the child’s physical, mental, or emotional condition (see Family Ct Act § 1012 [f] [i] [B]; Matter of Kiara C. [David C.], 85 AD3d at 1026 ; Matter of Elijah J. [Phillip J.], 77 AD3d 835 [2010]; Matter of Briana F. [Oswaldo F.], 69 AD3d 718 [2010]; Matter of Jordan E., 57 AD3d 539 [2008]; Matter of Andrew Y., 44 AD3d 1063 [2007]; M | 2 | 2013–2013 |
In re Jayda D.-B.
green
2 sentences2013Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject child, inter alia, by engaging in an act of domestic violence against the mother in the child’s presence that created an imminent danger of impairing the child’s physical, mental, or emotional condition (see Family Ct Act § 1012 [f] [i] [B]; Matter of Kiara C. [David C.], 85 AD3d at 1026 ; Matter of Elijah J. [Phillip J.], 77 AD3d 835 [2010]; Matter of Briana F. [Oswaldo F.], 69 AD3d 718 [2010]; Matter of Jordan E., 57 AD3d 539 [2008]; Matter of Andrew Y., 44 AD3d 1063 [2007]; M 2013Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject child, inter alia, by engaging in an act of domestic violence against the mother in the child’s presence that created an imminent danger of impairing the child’s physical, mental, or emotional condition (see Family Ct Act § 1012 [f] [i] [B]; Matter of Kiara C. [David C.], 85 AD3d at 1026 ; Matter of Elijah J. [Phillip J.], 77 AD3d 835 [2010]; Matter of Briana F. [Oswaldo F.], 69 AD3d 718 [2010]; Matter of Jordan E., 57 AD3d 539 [2008]; Matter of Andrew Y., 44 AD3d 1063 [2007]; M | 2 | 2013–2013 |
In re Andrew Y. Dutchess County Department of Social Services
green
2 sentences2013Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject child, inter alia, by engaging in an act of domestic violence against the mother in the child’s presence that created an imminent danger of impairing the child’s physical, mental, or emotional condition (see Family Ct Act § 1012 [f] [i] [B]; Matter of Kiara C. [David C.], 85 AD3d at 1026 ; Matter of Elijah J. [Phillip J.], 77 AD3d 835 [2010]; Matter of Briana F. [Oswaldo F.], 69 AD3d 718 [2010]; Matter of Jordan E., 57 AD3d 539 [2008]; Matter of Andrew Y., 44 AD3d 1063 [2007]; M 2013Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject child, inter alia, by engaging in an act of domestic violence against the mother in the child’s presence that created an imminent danger of impairing the child’s physical, mental, or emotional condition (see Family Ct Act § 1012 [f] [i] [B]; Matter of Kiara C. [David C.], 85 AD3d at 1026 ; Matter of Elijah J. [Phillip J.], 77 AD3d 835 [2010]; Matter of Briana F. [Oswaldo F.], 69 AD3d 718 [2010]; Matter of Jordan E., 57 AD3d 539 [2008]; Matter of Andrew Y., 44 AD3d 1063 [2007]; M | 2 | 2013–2013 |
In re Jordan E.
green
2 sentences2013Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject child, inter alia, by engaging in an act of domestic violence against the mother in the child’s presence that created an imminent danger of impairing the child’s physical, mental, or emotional condition (see Family Ct Act § 1012 [f] [i] [B]; Matter of Kiara C. [David C.], 85 AD3d at 1026 ; Matter of Elijah J. [Phillip J.], 77 AD3d 835 [2010]; Matter of Briana F. [Oswaldo F.], 69 AD3d 718 [2010]; Matter of Jordan E., 57 AD3d 539 [2008]; Matter of Andrew Y., 44 AD3d 1063 [2007]; M 2013Here, contrary to the father’s contention, a preponderance of the evidence established that he neglected the subject child, inter alia, by engaging in an act of domestic violence against the mother in the child’s presence that created an imminent danger of impairing the child’s physical, mental, or emotional condition (see Family Ct Act § 1012 [f] [i] [B]; Matter of Kiara C. [David C.], 85 AD3d at 1026 ; Matter of Elijah J. [Phillip J.], 77 AD3d 835 [2010]; Matter of Briana F. [Oswaldo F.], 69 AD3d 718 [2010]; Matter of Jordan E., 57 AD3d 539 [2008]; Matter of Andrew Y., 44 AD3d 1063 [2007]; M | 2 | 2013–2013 |
| Matter of Gianna A. (Jashua A.) green | 1 | 2019–2019 |
Matter of Moises G. (Luis G.)
green
1 sentence2019Contrary to the Family Court's determination, an imminent danger of impairment to the physical, mental, or emotional condition of the subject children should be inferred from the mother's egregious conduct of attacking the children's pregnant aunt with a knife while the children were in the home ( see Matter of Jihad H. [Fawaz H.] , 151 AD3d 1063, 1064 ; Matter of Moises G. [Luis G.] , 135 AD3d 527, 527 ). | 1 | 2019–2019 |
| Matter of Jihad H. (Fawaz H.) green | 1 | 2019–2019 |
Matter of Andre K. (Jamahal G.)
green
1 sentence2019"To establish neglect pursuant to Family Court Act § 1012(f)(i)(B), a petitioner must demonstrate, by a preponderance of the evidence, (1) that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired, and (2) that the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship" ( Matter of Andre K. [Jamal G.] , 142 AD3d 1171, 1172 ; see Matter of Jordan R. [Yon R.-W.] , 162 AD3d 671 , 672; Matter of Gianna A | 1 | 2019–2019 |
In re Anthony S.
green
1 sentence2019"To establish neglect pursuant to Family Court Act § 1012(f)(i)(B), a petitioner must demonstrate, by a preponderance of the evidence, (1) that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired, and (2) that the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship" ( Matter of Andre K. [Jamal G.] , 142 AD3d 1171, 1172 ; see Matter of Jordan R. [Yon R.-W.] , 162 AD3d 671 , 672; Matter of Gianna A | 1 | 2019–2019 |
Matter of Kiana M.-M. (Robert M.)
green
1 sentence2019"To establish neglect pursuant to Family Court Act § 1012(f)(i)(B), a petitioner must demonstrate, by a preponderance of the evidence, (1) that the child's physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired, and (2) that the actual or threatened harm to the child is due to the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship" ( Matter of Andre K. [Jamal G.] , 142 AD3d 1171, 1172 ; see Matter of Jordan R. [Yon R.-W.] , 162 AD3d 671 , 672; Matter of Gianna A | 1 | 2019–2019 |
| In re Natalie T. neutral | 1 | 2014–2014 |
| In re Mylasia P. neutral | 1 | 2014–2014 |
| In re Elijah C. neutral | 1 | 2009–2009 |
| In re Sharonda S. green | 1 | 2008–2008 |
| Nassau County Department of Social Services ex rel. Dante M. v. Denise J. neutral | 1 | 2008–2008 |
| Jessica Y. v. Mona Y. green | 1 | 2003–2003 |
| In re Curtis N. neutral | 1 | 2003–2003 |
| In re Coleen P. green | 1 | 1991–1991 |
| In re Debbie W. neutral | 1 | 1991–1991 |
| In re Rodney C. green | 1 | 1991–1991 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.