In re Taylor C.
Opinion of the Court
A preponderance of the evidence supports the finding of neglect (Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]). Respondent’s mother testified that she witnessed respondent push the then one-month-old child, causing the child to slide across the
Family Court properly drew the strongest negative inference from respondent’s failure to appear and testify (see Matter of Nassau County Dept. of Social Servs. v Denise J., 87 NY2d 73, 79-80 [1995]; Matter of Cantina B., 26 AD3d 327, 328 [2006]). The court did not deprive respondent of due process by holding the fact-finding hearing in her absence. The record shows that respondent received notice of the proceedings and was represented by counsel; that the court repeatedly adjourned the proceedings due to respondent’s often unexplained absences; and that respondent provided incorrect contact information (see Family Ct Act § 1042; Matter of Elizabeth T. [Leonard T.], 3 AD3d 751, 753 [2004]). Concur — Gonzalez, EJ., Tom, Sweeny, Renwick and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.