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In the Matter of Domaniqua H

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 2003
1 A.D.3d 438 (N.Y. App. Div. 2003)

Opinion

2002-07740

Submitted October 28, 2003.

November 10, 2003.

In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of an order of fact-finding and disposition of the Family Court, Rockland County (Garvey, J.) dated June 19, 2002, made after a hearing, as found that the mother had neglected the subject child.

Del Atwell, Montauk, N.Y., for appellant.

Patricia Zugibe, County Attorney, New City, N.Y. (G. Nicholas Del Pizzo of counsel), for respondent.

Veronica J. Young, New City, N.Y., Law Guardian for the child.

Before: DAVID S. RITTER, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

The finding of neglect is supported by a preponderance of the credible evidence, which demonstrated that the mother's mental illness and refusal to undergo psychiatric treatment placed her child in imminent danger within the meaning of Family Court Act § 1012(f) ( see Matter of Octavia S., 255 A.D.2d 316; Matter of Raul B. v. Diane B., 231 A.D.2d 523; Matter of Jesse DD., 223 A.D.2d 929; Matter of Madeline R., 214 A.D.2d 445).

The mother's remaining contention is without merit.

RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.


Summaries of

In the Matter of Domaniqua H

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 2003
1 A.D.3d 438 (N.Y. App. Div. 2003)
Case details for

In the Matter of Domaniqua H

Case Details

Full title:IN THE MATTER OF DOMANIQUA H. (ANONYMOUS). ROCKLAND COUNTY DEPARTMENT OF…

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

Date published: Nov 10, 2003

Citations

1 A.D.3d 438 (N.Y. App. Div. 2003)
766 N.Y.S.2d 900

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