Appellate Division of the Supreme Court of New York, 2010

In re Elijah J.

Appellate Division of the Supreme Court of New York · Decided October 19, 2010

77 A.D.3d 835; 909 N.Y.S.2d 375

Cases that cite this one

20 later published cases cite this decision.

In re Kiara C. (Appellate Division of the Supreme Court of New York 2011)
Matter of Eternity S. (Vanessa P.) (Appellate Division of the Supreme Court of New York 2020)
Matter of Mirza S.A. (Mirza A A.) (Appellate Division of the Supreme Court of New York 2018)
Matter of Taylor P. (Kevin R.) (Appellate Division of the Supreme Court of New York 2018)
Matter of Jubilee S. (James S.) (Appellate Division of the Supreme Court of New York 2017)
In re Jubilee S. (NYC Family Court 2016)
Matter of Briana A.-C. (Edward A.-M.) (Appellate Division of the Supreme Court of New York 2015)
Matter of Kayla F. (Kevin F.) (Appellate Division of the Supreme Court of New York 2015)
In re Eugene S. (Appellate Division of the Supreme Court of New York 2014)
In re Eugene S. (Appellate Division of the Supreme Court of New York 2014)
In re Michael G.C. Administration for Children's Services (Appellate Division of the Supreme Court of New York 2013)
In re Michael G.C. Administration for Children's Services (Appellate Division of the Supreme Court of New York 2013)
In re Natalie T. (Appellate Division of the Supreme Court of New York 2013)
In re Natalie T. (Appellate Division of the Supreme Court of New York 2013)
In re Chaim R. (Appellate Division of the Supreme Court of New York 2012)
In re Alanah M. (Appellate Division of the Supreme Court of New York 2012)
In re Alanah M. (Appellate Division of the Supreme Court of New York 2012)
In re Cyraia B. (Appellate Division of the Supreme Court of New York 2012)
In re Cyraia B. (Appellate Division of the Supreme Court of New York 2012)
In re Ndeye D. (Appellate Division of the Supreme Court of New York 2011)

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 related child neglect proceedings pursuant to Family Court Act article 10, the father appeals from a fact-finding order of the Family Court, Queens County (Richter, J.), dated August 3, 2009, which, after a hearing, found that he neglected the subject children.

Ordered that the order is affirmed, without costs or disbursements.

Although an isolated incident of domestic violence outside the presence of a child is insufficient to establish neglect (see Matter of Larry O., 13 AD3d 633 [2004]; Matter of Davin G., 11 AD3d 462 [2004]), the act of domestic violence in the instant case was neither isolated nor perpetrated outside the presence of the subject children. A pattern of domestic violence was alleged in the petition and supported by the mother’s testimony at the fact-finding hearing.

The father’s remaining contentions are without merit (see Matter of Fa’Shon S., 40 AD3d 863 [2007]; Matter of Tiffany L., 294 AD2d 365, 366 [2002]; Matter of Raymond Anthony A., 192 AD2d 529, 530 [1993]). Mastro, J.P., Covello, Dickerson and Roman, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.