X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Decided and Entered: November 26, 2003 93254 In the Matter of ANTONIA QQ. and Others, Alleged to be Neglected Children. TOMPKINS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; LANCE RR., Appellant. (And Another Related Proceeding.) ________________________________ Calendar Date: October 8, 2003 Before: Crew III, J.P., Mugglin, Rose, Lahtinen and Kane, JJ. __________ David M. Parks, Ithaca, for appellant. Gwen Wilkinson, Tompkins County Department of Social Services, Ithaca, for respondent. Lucy Gold, Law Guardian, Ithaca. __________ Mugglin, J. Appeal from an order of the Family Court of Tompkins County (Rowley, J.), entered August 14, 2002, which granted petitioner’s applications, in two proceedings pursuant to Family Ct Act article 10, to adjudicate respondent’s children to be neglected. Petitioner commenced these neglect proceedings against respondent based on allegations of domestic violence detrimentally impacting the four children in the household, namely, respondent’s biological child and three children for whose care he is responsible. Following a fact-finding hearing, respondent was determined to have neglected the four children. At a subsequent dispositional hearing, respondent’s biological child was placed in the custody of petitioner and the three unrelated children were placed in the custody of their biological father. Respondent appeals. We affirm. Respondent acknowledges that exposing the children to acts of domestic violence will support a finding of neglect if proven by a preponderance of the evidence (see Matter of Eric B. [Theresa WW.], 299 AD2d 754, 755 [2002], lv denied 99 NY2d 506 [2003]; Matter of Nichole SS. [Eugene TT.], 296 AD2d 618, 619 [2002]; Matter of James MM. v June OO., 294 AD2d 630, 632 [2002]). Respondent’s principal contention is that the finding of neglect is unsupported by any evidence in the record since Family Court improperly relied upon admitted incidents of domestic violence occurring in excess of four years prior to the institution of this proceeding, the most recent events relied upon by petitioner are not, in fact, acts of domestic violence, and the court improperly relied on orders of protection issued in other counties as some evidence of present neglect. While the record does contain evidence of respondent’s past admitted acts of domestic violence which may be characterized as remote in time, the record also contains ample evidence of recent domestic violence impacting the children (see Matter of Nina A.M. [Nina B.M.], 189 AD2d 1010, 1012 [1993]). Respondent challenges Family Court’s assessment of this evidence and its determination that these events constitute detrimental acts of domestic violence which form an adequate basis for a finding of neglect. The resolution by Family Court of the conflicting evidence with respect to these more recent events was based largely on credibility determinations, which are afforded great deference and are affirmed unless manifestly unsupported by the record (see Matter of Mariah CC. [Joann DD.], 302 AD2d 799, 800 [2003]; Matter of Nichole SS. [Eugene TT.], supra at 619; Matter of Mary Ellen P. [Jonathan Q.] v John R., 278 AD2d 750, 752 [2000]). Here, we find no reason to disturb Family Court’s findings with respect to the evidence that is worthy of credit (see Matter of Kim HH. [Jeanne II.], 239 AD2d 717, 718-719 [1997]). We conclude that the record reveals a pattern of continuing violence by respondent which has placed the children in imminent danger of physical, mental or emotional impairment. Accordingly, Family Court’s finding of neglect is appropriately supported by a preponderance of the evidence. As a final matter, respondent’s failure to object at the fact-finding hearing to the receipt in evidence of orders of protection issued in other counties renders this issue unpreserved for appellate review (see Matter of Gerrod BB. [Laura BB.], 284 AD2d 584, 586 [2001]). Crew III, J.P., Rose, Lahtinen and Kane, JJ., concur. ORDERED that the order is affirmed, without costs.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›