In re Imena V.
Cases that cite this one
8 later published cases cite this decision.
- Matter of Zeykis B. (Vincent B.) (Appellate Division of the Supreme Court of New York 2016)
- MatterofGiannaO. (Appellate Division of the Supreme Court of New York 2014)
- In re Gianna O. (Appellate Division of the Supreme Court of New York 2014)
- In re Gianna O. (Appellate Division of the Supreme Court of New York 2014)
- In re Kayden H. (Appellate Division of the Supreme Court of New York 2013)
- In re Kayden H. (Appellate Division of the Supreme Court of New York 2013)
- In re Stevie R. (Appellate Division of the Supreme Court of New York 2012)
- In re Stevie R. (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
The father next argues that Family Court erred in denying his motion to dismiss the petition at the close of petitioner’s proof because petitioner failed to establish a prima facie case of
Here, the evidence presented by petitioner established that the father engaged in repeated instances of domestic violence with the mother, many of which were witnessed by the children. The mother testified to an incident that occurred in 2009, during which the father pinned her to the floor against her will and, while on top of her, forcibly removed her clothes while at least two of the children were present in the room. Furthermore, petitioner’s caseworkers testified that the two oldest children reported multiple acts of domestic violence within the home. One of those children related that the father hit the mother in the face, threatened to kick her in the face and slammed her finger in a door, which caused the child to become scared and fear for her mother’s safety. Another child reported that the father “would not stop smacking his mom” and disclosed an incident where the father “punched” the mother into a wall, causing the child to intervene by attempting to push the father away from his mother. Proof was also presented that the father was aware that marihuana use was occurring in the home while the children were present and that the children’s babysitter was bringing drugs, including crack cocaine, into the home and was using marihuana while caring for all five children, yet he continued to allow the babysitter to care for his children. Viewing the evidence in a light most favorable to petitioner (see Matter of Christian Q., 32 AD3d 669, 670 [2006]; Matter of Richard SS., 29 AD3d 1118, 1119-1120 [2006]), we find that it established a prima facie case of conduct by the father that “constituted a departure from the minimum degree of care which should be exercised by a reasonable and prudent parent in order to prevent a risk of impairment to the child[ren] or imminent danger of impairment” (Matter of Armani KK. [Deborah
Rose, McCarthy, Garry and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.