In re Nasiim W.
Cases that cite this one
20 later published cases cite this decision.
- Matter of Vita C. (Oksana C.) (Appellate Division of the Supreme Court of New York 2016)
- B., TIMOTHY, MTR. OF (Appellate Division of the Supreme Court of New York 2016)
- In re Timothy B. (Appellate Division of the Supreme Court of New York 2016)
- In re Timothy B. (Appellate Division of the Supreme Court of New York 2016)
- Matter of J.M. (Luis E.) (Appellate Division of the Supreme Court of New York 2023)
- Matter of Amara C. (Wanda C.) (Appellate Division of the Supreme Court of New York 2022)
- Matter of Madeleine B. (Peter B.) (Appellate Division of the Supreme Court of New York 2021)
- Matter of Caleah C.M.S. (Calvin S.) (Appellate Division of the Supreme Court of New York 2019)
- Matter of Jack S. (Leah S.--Franklin O.S.) (Appellate Division of the Supreme Court of New York 2019)
- Matter of Kimora D. (Joseph C.--Ojetta T.D.) (Appellate Division of the Supreme Court of New York 2019)
- Matter of Irma A. v. David A. (Appellate Division of the Supreme Court of New York 2016)
- L., JR., ANTHONY, MTR. OF (Appellate Division of the Supreme Court of New York 2016)
- Matter of Yisrael R. (Jocelyn R.) (Appellate Division of the Supreme Court of New York 2016)
- In re Anthony L. (Appellate Division of the Supreme Court of New York 2016)
- In re Anthony L. (Appellate Division of the Supreme Court of New York 2016)
- In re Naqi T. (Appellate Division of the Supreme Court of New York 2015)
- In re Naqi T. (Appellate Division of the Supreme Court of New York 2015)
- In re Keoni Daquan A. (Appellate Division of the Supreme Court of New York 2012)
- In re Christina G. (Appellate Division of the Supreme Court of New York 2012)
- In re Christina G. (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
This proof of impaired judgment and loss of self-control during respondent’s repeated bouts of excessive drinking was sufficient to trigger the application of the presumption of neglect pursuant to Family Court Act § 1046 (a) (iii), which obviates the need to present proof of the child’s physical, emotional or mental impairment or an imminent risk thereof as a consequence of the parent’s behavior (see Matter of Stefanel Tyesha C., 157 AD2d 322, 328 [1990], appeal dismissed 76 NY2d 1006 [1990]; Matter of William T, 185 AD2d 413 [1992]). Thus, the facts that no evidence was presented concerning the impact of respondent’s behavior on the child and that the child was not present during two of the three incidents relied upon by the court are of no consequence.
Moreover, the mother failed to rebut the presumption of neglect (see Family Ct Act § 1046 [a] [iii]). She did not testify or
While respondent claims that the testimony of the stepmother was incredible, the court had the opportunity to observe her testify, and its assessment of her credibility is entitled to great deference on appeal (see Matter of Irene O., 38 NY2d 776 [1975]). Concur — Andrias, J.P., Friedman, Renwick, Richter and Manzanet-Daniels, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.