Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

MATTER OF ATHENA M

Appellate Division of the Supreme Court of New York, First Department.
Sep 22, 1998

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.