In re Naomi R.
Cases that cite this one
5 later published cases cite this decision.
- Matter of Elizabeth C. (Omar C.) (Appellate Division of the Supreme Court of New York 2017)
- Rockland County Department of Social Services v. Moishe T. (Appellate Division of the Supreme Court of New York 2012)
- Rockland County Department of Social Services v. Moishe T. (Appellate Division of the Supreme Court of New York 2012)
- In re David G. (NYC Family Court 2010)
- Nicholson v. Scoppetta (N.Y. 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In four related child protective proceedings pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Queens County (Clark, J.), dated December 14, 2001,
Ordered that the order dated December 14, 2001, is reversed, on the law, without costs or disbursements, and the temporary order of protection dated October 26, 2001, is reinstated pending final determination of the proceeding.
These child protective proceedings were instituted to remove four minor children from Ronald J.’s home based upon allegations that he had sexually abused one of the children. A temporary order of protection was issued on October 26, 2001, which, inter alia, excluded Ronald J. from the home, aside from the times when he was exercising visitation and being supervised by the agency.
The evidence adduced by the petitioner at the hearing pursuant to Family Court Act § 1027 was of a sufficient level to raise concern that one of the children had been sexually abused, and thus, established that Ronald J.’s return to the home, even under the mother’s supervision, presents an imminent risk to the health and safety of all of the children. Moreover, it is clear from the record that the mother does not believe her daughter’s allegations, and, therefore, would not provide proper supervision. In light of the evidence presented, the safer course is to maintain the status quo until after a full fact-finding hearing (see Family Ct Act § 1027; Matter of Erika B., 268 AD2d 586). Florio, J.P., S. Miller, Townes and Cozier, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.