Appellate Division of the Supreme Court of New York, 1994

In re Angel A.

In re Angel A.
Appellate Division of the Supreme Court of New York · Decided January 25, 1994
200 A.D.2d 513; 606 N.Y.S.2d 683
In re Angel A.

Opinion of the Court

—Order, Family Court, Bronx County (Marjory Fields, J.), entered June 5, 1992, which after a fact finding hearing found that the respondent had neglected his son and placed him with the Commissioner of Social Services for a period of one year, unanimously affirmed, without costs.

The multiple burns over respondent’s 21-month-old son and the lack of explanation for the injuries established a prima facie case of neglect (see, Matter of Cerda, 114 AD2d 795). The court did not abuse its discretion in not compelling a witness to appear in court where the substance of her testimony *514would not have been material to rebutting the prima facie case of neglect.

The matter of whether the disputed hearing should have been held is moot. Concur — Rosenberger, J. P., Wallach, Kupferman, Ross and Tom, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.