From Casetext: Smarter Legal Research

In the Matter of Lauren R

Appellate Division of the Supreme Court of New York, Second Department
May 23, 2005
18 A.D.3d 761 (N.Y. App. Div. 2005)

Opinion

2004-01436.

May 23, 2005.

In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals from a fact-finding order of the Family Court, Suffolk County (Sweeney, J.), dated January 27, 2004, which, after a hearing, found that she had neglected Lauren R.

Before: Florio, J.P., Santucci, Mastro and Spolzino, JJ., concur.


Ordered that the fact-finding order is affirmed, without costs or disbursements.

Contrary to the mother's contention, the determination that she neglected her child is supported by a preponderance of the evidence ( see Family Ct Act § 1012 [f] [i] [B]; Matter of Jessica DiB., 6 AD3d 533, 534). The credible evidence adduced at the hearing established that the mother maintained her house in a deplorable and unsanitary condition ( see Matter of Jessica DiB., supra; Matter of Nathifa B., 294 AD2d 432, 433; Matter of Noemi B., 273 AD2d 304; Matter of Lillian R., 196 AD2d 503, 504). Moreover, the mother's admission that she threw a frying pan at her child corroborated the child's out-of-court statements to the same effect ( see Matter of Asia B., 266 AD2d 537; Matter of Tonya C., 220 AD2d 498; Matter of Commissioner of Social Serv. of City of N.Y. [Tanya C.] v. Evelyn R., 217 AD2d 697, 697-698).

The Family Court providently exercised its discretion in excluding a journal entry from the child which may have indicated that the child had been using drugs. Such evidence had no relevance regarding whether the mother engaged in excessive corporal punishment or kept the home in a deplorable and unsanitary condition ( see Family Ct Act § 1046 [b] [iii]; Matter of Enrique B., 267 AD2d 75, 76).


Summaries of

In the Matter of Lauren R

Appellate Division of the Supreme Court of New York, Second Department
May 23, 2005
18 A.D.3d 761 (N.Y. App. Div. 2005)
Case details for

In the Matter of Lauren R

Case Details

Full title:In the Matter of LAUREN R., a Child Alleged to be Neglected. CHILD…

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

Date published: May 23, 2005

Citations

18 A.D.3d 761 (N.Y. App. Div. 2005)
794 N.Y.S.2d 910

Citing Cases

Westchester Cnty. Dep't of Soc. Servs. v. Patrick S. L. (In re Stephen L.)

Here, contrary to the father's contention, the Family Court's finding that he neglected the subject child was…

Westchester Cnty. Dep't of Soc. Servs. v. Laverne H. (In re Justyn H.)

Here, contrary to the mother's contention, the Family Court's finding that she neglected the child was…