Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

IN RE TAKIA

Appellate Division of the Supreme Court of New York, First Department.
May 20, 2010
Important Paras
Please sign up to view Important Paras.

Proof of abuse of neglect of one child may, in appropriate circumstances, be sufficient to sustain a finding of abuse or neglect of a second child ( see Matter of Kadiatou B., 52 AD3d 388, 389, lv denied 12 NY3d 701). Here, the court properly relied on findings made a few months earlier that the parents neglected and abused their other children, including the fact that their five-month-old son sustained four broken ribs and a fractured clavicle, which the parents did not adequately explain, and the father's admitted beating of his five-year-old son. ACS demonstrated that his conduct was sufficiently proximate in time that it could reasonably be concluded that the condition still exists currently ( see Matter of Cruz, 121 AD2d 901, 902-903).

The parents failed to present evidence sufficient to raise a triable issue of fact concerning an amelioration of the conditions that led to the original finding ( see Matter of Tradale CC, 52 AD3d 900, 901).