Appellate Division of the Supreme Court of New York, 2011

In re Sadiq H.

Appellate Division of the Supreme Court of New York · Decided February 1, 2011

81 A.D.3d 647; 915 N.Y.S.2d 867

Cases that cite this one

40 later published cases cite this decision. The 25 that cite it most often are listed here.

In re Nurridin B. (Appellate Division of the Supreme Court of New York 2014)
In re Nurridin B. (Appellate Division of the Supreme Court of New York 2014)
In re Alexandria S. (Appellate Division of the Supreme Court of New York 2013)
In re Alexandria S. (Appellate Division of the Supreme Court of New York 2013)
S., BROOKLYN, MTR. OF (Appellate Division of the Supreme Court of New York 2017)
Matter of Brooklyn S. (Stafania Q.) (Appellate Division of the Supreme Court of New York 2017)
In re Orange (Appellate Division of the Supreme Court of New York 2013)
In re Orange (Appellate Division of the Supreme Court of New York 2013)
In re Angela M. (Appellate Division of the Supreme Court of New York 2013)
In re Angela M. (Appellate Division of the Supreme Court of New York 2013)
In re Yanni D. (Appellate Division of the Supreme Court of New York 2012)
In re Yanni D. (Appellate Division of the Supreme Court of New York 2012)
Matter of P. A. (Joseph M.) (Appellate Division of the Supreme Court of New York 2023)
Matter of Timothy L. (Timothy L.) (Appellate Division of the Supreme Court of New York 2023)
Matter of Kailey Z. (Nancy Z.) (Appellate Division of the Supreme Court of New York 2020)
Matter of Rylee K. (Robert K.) (Appellate Division of the Supreme Court of New York 2020)
Matter of Kenneth C. (Gertrude B.) (Appellate Division of the Supreme Court of New York 2017)
Matter of Michael D. (Appellate Division of the Supreme Court of New York 2017)
Matter of Carter B. (Logan D.) (Appellate Division of the Supreme Court of New York 2017)
Matter of Giah A. (Israel A.) (Appellate Division of the Supreme Court of New York 2017)
Matter of Brian F., Jr. (Brian F., Sr.) (Appellate Division of the Supreme Court of New York 2016)
Matter of Kyra S. (Kirtan D. S.) (Appellate Division of the Supreme Court of New York 2015)
In re Dayyan J.L. Orange County Department of Social Services (Appellate Division of the Supreme Court of New York 2015)
Matter of Jasmine W. (Michael J.) (Appellate Division of the Supreme Court of New York 2015)
Matter of Jerome S. (Tazine R.) (Appellate Division of the Supreme Court of New York 2014)

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 a child protective proceeding pursuant to Family Court Act article 10, the father appeals (1) from a fact-finding order of the Family Court, Queens County (Tally, J.), dated December 4, 2008, which, after a hearing, found that he neglected the subject child, and (2), as limited by his brief, from so much of an order of disposition of the same court dated March 18, 2010, as, upon the fact-finding order, placed the child in the custody of the Commissioner of Social Services of Queens County until the completion of the next permanency hearing.

Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as the fact-finding order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,

Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the father’s contention, the Family Court’s finding of neglect is supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [a] [iii]; [b] [i]; Matter of Ayana Jean L., 23 AD3d 472, 473 [2005]; Matter of Sade W., 286 AD2d 770, 771 [2001]; see also Matter of Arthur S. [Rose S.], 68 AD3d 1123, 1123-1124 [2009]). Where, as here, the Family Court is confronted primarily with issues of credibility, its factual findings are entitled to considerable deference on appeal, unless clearly unsupported by the record (see Matter of Andrew B. [Deborah B.], 73 AD3d 1036, 1036 [2010]; Matter of Justin J., 25 AD3d 1031, 1033 [2006]; see also Matter of Angelyna G., 46 AD3d 304 [2007]). The testimony adduced at the fact-finding hearing established that the father regularly used crack cocaine, at times in the presence of the subject child. By submitting proof of the father’s repeated misuse of drugs, the petitioner established a prima facie case of neglect pursuant to Family Court Act § 1046 (a) (iii) (see Matter of Nikita A., 16 AD3d 736, 737 [2005]; cf. Matter of Anastasia G., 52 AD3d 830, 832 [2008]) and, therefore, “neither actual impairment [of the child’s physical, mental, or emotional condition] nor specific risk of impairment need be established” (Matter of Paolo W., 56 AD3d 966, 967 [2008] [internal quotation marks omitted]; see Matter of Stefanel Tyesha C., 157 AD2d 322, 328 [1990]).

In addition to the evidence of the father’s repeated drug use, *648the Family Court’s finding of neglect is further supported by evidence demonstrating that the father was aware of the mother’s drug use during the time when she was responsible for the child’s care, and that he failed to intervene (see Matter of Tylasia B. [Wayne B.], 72 AD3d 1074, 1075 [2010]; Matter of Larry B., 39 AD3d 399 [2007]; see also Matter of Roy R., 6 AD3d 213, 213-214 [2004]). Rivera, J.P., Leventhal, Sgroi and Miller, JJ., concur.

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