IN RE ELIJAH J

Citation Codes

Equivalent Citations

citation codes

Docket Number

Nos. 2009-08542 (Docket Nos. N-18806-08, N-18807-08).

Attorney(S)

Elliot Green, Brooklyn, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Elizabeth I. Freedman of counsel; Bethany M. Bates on the brief), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler, Susan Clement, and Maria Chiu of counsel), attorney for the children.

Judges

William F. Mastro
Thomas A. Dickerson
Sheri S. Roman

See more information ...

Smart Summary

Please sign up to generate summary.

In the Matter of ELIJAH J., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; PHILLIP J., Appellant. (Proceeding No. 1.) In the Matter of LEAH J., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; PHILLIP J., Appellant. (Proceeding No. 2.).

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

Although an isolated incident of domestic violence outside the presence of a child is insufficient to establish neglect ( see Matter of Larry O., 13 AD3d 633; Matter of Davin G., 11 AD3d 462), the act of domestic violence in the instant case was neither isolated nor perpetrated outside the presence of the subject children. A pattern of domestic violence was alleged in the petition and supported by the mother's testimony at the fact-finding hearing.

The father's remaining contentions are without merit ( see Matter of Fa'Short S., 40 AD3d 863; Matter of Tiffany L., 294 AD2d 365, 366; Matter of Raymond Anthony A., 192 AD2d 529, 530).

Comments