Appellate Division of the Supreme Court of New York, 2002

In re Rosina W.

Appellate Division of the Supreme Court of New York · Decided September 9, 2002

297 A.D.2d 639; 747 N.Y.2d 45; 747 N.Y.S.2d 45; 2002 N.Y. App. Div. LEXIS 8288

Cases that cite this one

8 later published cases cite this decision.

In re Joshua R. (Appellate Division of the Supreme Court of New York 2008)
In re Sulayne G. Suffolk County Department of Social Services (Appellate Division of the Supreme Court of New York 2015)
Matter of Allyssa O. (Edward N.) (Appellate Division of the Supreme Court of New York 2015)
Matter of Stephanie M. (Miguel R.) (Appellate Division of the Supreme Court of New York 2014)
In re Anastasia L.-D. (Appellate Division of the Supreme Court of New York 2014)
In re Anastasia L.-D. (Appellate Division of the Supreme Court of New York 2014)
In re Mayabelle F. (Appellate Division of the Supreme Court of New York 2004)
In re Jason T. (Appellate Division of the Supreme Court of New York 2003)

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

*640The evidence at a hearing established that on June 6, 1998, the father confronted his then 17-year-old daughter regarding concerns he had relating to her behavior, the daughter pushed him and turned away, and the father slapped her in the face, causing swelling and a bloodshot eye. While it is true that a single incident may be sufficient to sustain a finding of abuse (see Matter of Barbara S., 244 AD2d 556, 557), and while we certainly do not condone the father’s conduct, such a finding is not warranted here. Given the child’s age, the circumstances under which this verbal-turned-physical altercation occurred, the isolated nature of the father’s admittedly inappropriate conduct, and the nature of the child’s injuries, there was insufficient evidence to support the court’s finding that the father inflicted an injury “which cause[d] or create[d] a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ” (Family Ct Act § 1012 [e] [i]; see Matter of Amanda E., 279 AD2d 917, 919; Matter of P. Children, 272 AD2d 211, 212). Altman, J.P., Krausman, Schmidt and Crane, JJ., concur.

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