From Casetext: Smarter Legal Research

In re Christopher W

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 2002
299 A.D.2d 268 (N.Y. App. Div. 2002)

Opinion

2319-2319A

November 21, 2002.

Orders of disposition, Family Court, Bronx County (Ruth Zuckerman, J.), entered on or about June 23, 1999, placing the subject children with the Commissioner of Social Services for 12 months upon a finding of derivative abuse, unanimously affirmed, without costs.

DIANE PAZAR, for Christopher W.

RANDALL S. CARMEL, for respondent-appellant.

ALAN BECKOFF, for petitioner-respondent.

Before: Saxe, J.P., Buckley, Rosenberger, Lerner, Gonzalez, JJ.


The record supports the finding that respondent was a "person legally responsible" for the child whose abuse is the basis for the instant derivative child protective proceeding (Family Ct Act § 1012[a],[g]; see Matter of Yolanda D., 88 N.Y.2d 790, 796). While the record is silent as to how often the child visited respondent's home, it does show that respondent was related to the child, who, at the time of the abuse, was staying with respondent overnight so that respondent could braid her hair, and otherwise permits an inference of substantial familiarity between the child and respondent and respondent's own children (see Matter of Nathaniel "TT", 265 A.D.2d 611, 613, lv denied 94 N.Y.2d 757; Matter of Marta B., 233 A.D.2d 667, 668). The nature and severity of the direct abuse — a bathtub scalding resulting in death — clearly warrant a finding of derivative abuse of respondent's own children, even absent evidence of direct abuse of the latter (Family Ct Act § 1046[a][I]; Matter of Anthony S., 280 A.D.2d 302, 303).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Christopher W

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 2002
299 A.D.2d 268 (N.Y. App. Div. 2002)
Case details for

In re Christopher W

Case Details

Full title:IN RE CHRISTOPHER W., ET AL., CHILDREN UNDER THE AGE OF EIGHTEEN YEARS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 21, 2002

Citations

299 A.D.2d 268 (N.Y. App. Div. 2002)
751 N.Y.S.2d 2

Citing Cases

In the Matter of Janiyah T., 2010 NY Slip Op 50013(U) (N.Y. Fam. Ct. 1/7/2010)

Accordingly, where the underlying finding is based on acts of physical or sexual abuse by the parent,…

In Matter of Janiyah T

Accordingly, where the underlying finding is based on acts of physical or sexual abuse by the parent,…