In re Naomi J.
Cases that cite this one
15 later published cases cite this decision.
- Matter of S.G. (Pedro G.) (Appellate Division of the Supreme Court of New York 2026)
- Matter of Terazay S. (Yazaret T.) (Appellate Division of the Supreme Court of New York 2020)
- Matter of A.M.A. (Anggeluz A.) (Appellate Division of the Supreme Court of New York 2020)
- Matter of Michele S. (Yi S.) (Appellate Division of the Supreme Court of New York 2018)
- Matter of Isaiah D. (Mark D.) (Appellate Division of the Supreme Court of New York 2018)
- Matter of Tyson T. (Latoyer T.) (Appellate Division of the Supreme Court of New York 2017)
- Matter of Joseph R. (Jasmine M.G.) (Appellate Division of the Supreme Court of New York 2016)
- In re Salimata T. (Appellate Division of the Supreme Court of New York 2014)
- In re Salimata T. (Appellate Division of the Supreme Court of New York 2014)
- In re Kesan W. (Appellate Division of the Supreme Court of New York 2014)
- In re Kesan W. (Appellate Division of the Supreme Court of New York 2014)
- In re Harrhae Y. (Appellate Division of the Supreme Court of New York 2013)
- In re Harrhae Y. (Appellate Division of the Supreme Court of New York 2013)
- In re Gabriel J. (Appellate Division of the Supreme Court of New York 2012)
- In re Gabriel J. (Appellate Division of the Supreme Court of New York 2012)
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
Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about June 12, 2009, which, upon a finding that respondent father neglected Naomi J., and derivatively neglected Damon R. Jr. (also known as Damien R.), placed Naomi J. in the custody of the Commissioner of Social Services until completion of the next permanency hearing and released Damon R. Jr. to the custody of nonrespondent mother, with supervision by petitioner Administration for Children’s Services until February 19, 2010, unanimously affirmed, without costs. Appeals from order, same court and Justice, entered on or about August 5, 2008, which granted the application of respondent father and nonrespondent mother for the return of Damon R. Jr. pending a final order of disposition, unanimously dismissed, without costs, as moot.
The finding of neglect is supported by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]) showing that respondent inflicted excessive corporal punishment upon his daughter Naomi (Family Ct Act § 1012 [f] [i] [B]), by beating her and leaving bruises on her arm and under her eye (see Matter of Jazmyn R. [Luceita F], 67 AD3d 495 [2009]). The out-of-court statement of the child to her teacher was corroborated by the teacher’s observation of the bruises on the child’s arm and face (see Matter of Nicole V., 71 NY2d 112, 118 [1987]; Jazmyn R., 67 AD3d at 495).
Respondent’s use of excessive corporal punishment against Naomi supports the finding of derivative neglect as to Damon R. Jr. (see Family Ct Act § 1046 [a] [i]; Matter of Deivi R. [Marcos R.], 68 AD3d 498, 499 [2009]). Concur — Tom, J.P., Saxe, Catterson, Moskowitz and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.