You are here: / / DERIVATIVE NEGLECT FINDING REVERSED.

DERIVATIVE NEGLECT FINDING REVERSED.

The Third Department, reversing Family Court, determined the derivative neglect was not supported by the evidence:

Here, the proof relied upon by petitioner to support its claim of derivative neglect — namely, 1999 and 2010 indicated hotline reports involving different children — was insufficient to support a finding of derivative neglect. Neither the 1999 report nor the 2010 report resulted in a finding of neglect against respondent … . Moreover, the conduct that formed the basis for each of the indicated reports failed to demonstrate that respondent’s understanding of the responsibilities accompanying parenthood were fundamentally flawed at the time of this proceeding … . In addition to its remoteness, the 1999 report was made against the biological parents of the child who was the subject of the report, as well as respondent, who was temporarily residing with the biological parents of the child at the age of 18, and did not conclusively establish which of the three adults had engaged in the conduct giving rise to the indicated findings. The 2010 report was indicated against respondent and his then-paramour for inadequate guardianship based on the children witnessing domestic violence, conduct that may not necessarily form the basis for a neglect finding … . Accordingly, inasmuch as petitioner failed to satisfy its burden of proof, Family Court’s finding of neglect cannot stand. Matter of Choice I. (Warren I.), 2016 NY Slip Op 07899, 3rd Dept 11-23-16

FAMILY LAW (DERIVATIVE NEGLECT FINDING REVERSED)/NEGLECT (DERIVATIVE NEGLECT FINDING REVERSED

You might also like
IN THIS FORECLOSURE ACTION PLAINTIFF’S ATTORNEY DID NOT FILE AN AFFIRMATION AS REQUIRED BY AN ADMINSTRATIVE ORDER; THE MAJORITY DID NOT ADDRESS THE ISSUE BECAUSE IT SHOULD HAVE BEEN RAISED IN A PRIOR APPEAL WHICH DEFENDANT DID NOT PERFECT; THE DISSENT ARGUED THE ISSUE COULD AND SHOULD BE CONSIDERED ON THIS APPEAL (THIRD DEPT).
COLLATERAL ESTOPPEL CONTROLLED THIS ARBITRATION PROCEEDING TO DETERMINE HEALTH BENEFITS FOR RETIRED FIREFIGHTERS PURSUANT TO THE COLLECTIVE BARGAINING AGREEMENT (THIRD DEPT).
Question of Fact Raised About Defendant’s Knowledge of Horse’s Vicious Propensities
THE HEARING OFFICER RECOMMENDED THAT JUSTICE DD, A SEVERELY DISABLED MAN, REMAIN AT HIS CURRENT PLACEMENT IN MASSACHUSETTS AND NOT BE MOVED TO A NEW PLACEMENT IN NEW YORK; THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES (OPWDD), NEARLY A YEAR LATER, REJECTED THE HEARING OFFICER’S RECOMMENDATION AND ORDERED THE NEW PLACEMENT; BECAUSE JUSTICE DD’S CONDITION HAD WORSENED DURING THAT TIME, THE COMMISSIONER’S DETERMINATION WAS ANNULLED (THIRD DEPT).
Workers’ Compensation Carrier Not Liable After Liability Has Shifted to Special Fund—Board Overruled Precedent Holding Otherwise When the Carrier is Responsible for Delay Until the Special Fund Is Available to Assume Liability
THE FACT THAT DEFENDANT DID NOT APPEAL HIS 2006 CONVICTION ON THE GROUND HE WAS NOT INFORMED OF THE PERIOD OF POSTRELEASE SUPERVISION DID NOT PREVENT DEFENDANT FROM RAISING THAT ISSUE TO CHALLENGE THE CONSTITUTIONALITY OF THE 2006 CONVICTION IN THE CONTEXT OF A PERSISTENT VIOLENT FELONY OFFENDER PROCEEDING (THIRD DEPT).
Child No Longer Had Sufficient Connection to New York State—Custody-Enforcement Petition Properly Dismissed
THE “EXTRAORDINARY CIRCUMSTANCES” WHICH WOULD JUSTIFY RETAINING THE 17-YEAR-OLD’S BURGLARY PROSECUTION IN COUNTY COURT WERE NOT DEMONSTRATED; THE CASE SHOULD HAVE BEEN TRANSFERRED TO FAMILY COURT; THE CRITERIA FOR RETENTION IN COUNTY COURT ARE EXPLAINED IN DEPTH (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

FATHER DOES NOT HAVE A RIGHT TO A TRANSCRIPT OF LINCOLN HEARING. INADVERTENT RECORDING OF A CONVERSATION BETWEEN MOTHER AND CHILD SHOULD NOT...