You are here: / / EVIDENCE DID NOT SUPPORT FINDING THAT RESPONDENT WAS LEGALLY RESPONSIBLE...

EVIDENCE DID NOT SUPPORT FINDING THAT RESPONDENT WAS LEGALLY RESPONSIBLE FOR THE CHILD, NEGLECT DETERMINATION CANNOT STAND (FOURTH DEPT).

The Fourth Department, reversing Family Court, determined the evidence was insufficient to support the finding that respondent was legally responsible for the child, therefore the neglect finding could not stand:

​

… [T]he evidence does not support Family Court’s determination that he is a person legally responsible for the child … , and the court therefore erred in determining that he neglected the child … . Even giving deference to the court’s credibility determinations … , we conclude that petitioner’s witnesses established that respondent and the mother of the child had been living together for some unspecified period of time, but there was nothing further to show that respondent acted “as the functional equivalent of a parent in a familial or household setting” … . There was no testimony that respondent, the mother, and the child were “living together as a family” … , or that respondent provided childcare or financial support, or performed any household duties … . Matter of Kameron V. (Eva V.), 2017 NY Slip Op 06782, Fourth Dept 9-29-17

FAMILY LAW (EVIDENCE DID NOT SUPPORT FINDING THAT RESPONDENT WAS LEGALLY RESPONSIBLE FOR THE CHILD, NEGLECT DETERMINATION CANNOT STAND (FOURTH DEPT))/NEGLECT (EVIDENCE DID NOT SUPPORT FINDING THAT RESPONDENT WAS LEGALLY RESPONSIBLE FOR THE CHILD, NEGLECT DETERMINATION CANNOT STAND (FOURTH DEPT))

You might also like
THE DEFECTIVE-DESIGN CAUSE OF ACTION AGAINST THE SELLERS OF A TRUCK WHICH DID NOT HAVE A BACK-UP ALARM SHOULD NOT HAVE BEEN DISMISSED; THE PURCHASER OF THE TRUCK TESTIFIED HE WAS NOT AWARE THE OPTION WAS AVAILABLE (FOURTH DEPT).
INFANT CAN BE LIABLE FOR INJURY CAUSED BY A DOG OWNED BY HIS FATHER; PUNITIVE DAMAGES CLAIM PROPERLY SURVIVED MOTION FOR SUMMARY JUDGMENT.
Town, Not the Town Board, Was the Proper Party/Town Could Not Use Article 78/Declaratory Judgment to Enforce a Contract/Town Entitled to Specific Performance of Contract
“REFUSING A BREATH TEST” IS NOT A COGNIZABLE OFFENSE; A CONVICTION IS THEREFORE A FUNDAMENTAL ERROR WHICH MUST BE CORRECTED ON APPEAL EVEN IF THE ISSUE IS NOT BRIEFED (FOURTH DEPT).
PLAINTIFFS SUED A FOSTER-CHILD PLACEMENT SERVICE FOR FRAUD AND NEGLIGENCE AFTER THE FOSTER CHILD SEXUALLY ASSAULTED PLAINTIFFS’ BIOLOGICAL CHILD; THE FRAUD ACTION WAS NOT TIME-BARRED BECAUSE THE PLACEMENT SERVICE’S MERE KNOWLEDGE OF THE FOSTER CHILD’S SEXUAL BEHAVIOR IN 2008 DID NOT START THE SIX-YEAR STATUTE OF LIMITATIONS, AND THE NEGLIGENCE ACTION WAS SUPPORTED BY A DUTY OWED TO PLAINTIFFS’ BIOLOGICAL CHILD (FOURTH DEPT).
Motion to Set Aside Convictions Based On Newly Discovered Evidence Should Have Been Granted
SUPREME COURT SHOULD NOT HAVE HELD AS A MATTER OF LAW THAT THE TRIGGERING EVENT FOR INSURANCE COVERAGE FOR ASBESTOS-INJURY IS THE FIRST EXPOSURE TO ASBESTOS AS OPPOSED TO EXPOSURE TO A CERTAIN LEVEL OF ASBESTOS (FOURTH DEPT).
Absentee Landlord Granted Summary Judgment in Lead-Paint Exposure Case—No Constructive Notice

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 © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

WAIVER OF FOURTH AMENDMENT RIGHTS AS CONDITION OF PROBATION INVALID, DENIAL... STIPULATION WHICH WAS NOT MERGED INTO THE JUDGMENT OF DIVORCE SHOULD NOT HAVE...