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Matter of Athena M

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 1998
253 A.D.2d 669 (N.Y. App. Div. 1998)

Opinion

September 22, 1998

Appeal from the Family Court, New York County (Ruth Zuckerman, J.)


We agree with Family Court that the evidence of acts of severe violence between respondents in the presence of their children is sufficient to show, "as a matter of common sense", that the children were in imminent danger of becoming impaired within the meaning of Family Court Act § 1012 Fam. Ct. Act (f) (i) (B), and indeed that the oldest child had already suffered actual emotional harm. Such findings may be made without expert evidence ( Matter of Lonell J., 242 A.D.2d 58; accord, Matter of Deandre T., 253 A.D.2d 497).

Concur — Tom, J. P., Mazzarelli, Andrias and Saxe, JJ.


Summaries of

Matter of Athena M

Appellate Division of the Supreme Court of New York, First Department
Sep 22, 1998
253 A.D.2d 669 (N.Y. App. Div. 1998)
Case details for

Matter of Athena M

Case Details

Full title:In the Matter of ATHENA M. and Others, Children Alleged to be Neglected…

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

Date published: Sep 22, 1998

Citations

253 A.D.2d 669 (N.Y. App. Div. 1998)
678 N.Y.S.2d 11

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