In re Alexis AA.
Cases that cite this one
14 later published cases cite this decision.
- In re Alexis AA. (Appellate Division of the Supreme Court of New York 2012)
- In re Alexis AA. (Appellate Division of the Supreme Court of New York 2012)
- Matter of Derick L. (Michael L.) (Appellate Division of the Supreme Court of New York 2018)
- Matter of Jamel HH. (Linda HH.) (Appellate Division of the Supreme Court of New York 2017)
- In re Emmanuel J. (Appellate Division of the Supreme Court of New York 2017)
- In re Emmanuel J. (Appellate Division of the Supreme Court of New York 2017)
- Matter of Tara AA. v. Matthew BB. (Appellate Division of the Supreme Court of New York 2016)
- B., HOLLY, MTR. OF (Appellate Division of the Supreme Court of New York 2014)
- In re Holly B. (Appellate Division of the Supreme Court of New York 2014)
- In re Holly B. (Appellate Division of the Supreme Court of New York 2014)
- In re Aiden XX. (Appellate Division of the Supreme Court of New York 2013)
- In re Aiden XX. (Appellate Division of the Supreme Court of New York 2013)
- In re Jewelisbeth JJ. (Appellate Division of the Supreme Court of New York 2012)
- In re Jewelisbeth JJ. (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
To establish neglect, petitioner must prove by a preponderance of the evidence (see Family Ct Act § 1046 [b] [1]) that the children’s “ ‘physical, mental or emotional condition [have] been impaired or [are] in imminent danger of becoming impaired as a result of the failure of [respondent] to exercise a minimum degree of care’ with regard to food, clothing, shelter, education and medical care or proper guardianship or supervision” (Matter of Alyson J. [Laurie J.], 88 AD3d 1201, 1202 [2011], quoting Family Ct Act § 1012 [f] [i]; see Matter of Joseph RR. [Lynn TT.], 86 AD3d 723, 724 [2011]). Here, caseworkers testified to numerous instances during which Gabe and Noah sustained significant injuries because respondent failed to properly supervise them while they were in his care. In that regard, evidence was presented that Noah was left unattended
As for Family Court’s decision to place Gabe and Noah with petitioner, we note that, in addition to the evidence establishing respondent’s neglect of these children, the family home — despite petitioner’s ongoing efforts to provide services to respondent and the mother — was often littered with garbage and debris and was so unsanitary that it remained an unsuitable environment for young children (see Matter of Keaghn Y. [Heaven Z.], 84 AD3d 1478, 1478-1479 [2011]; Matter of Kaleb U. [Heather V. — Ryan U.], 11 AD3d at 1099-1100).
Peters, J.E, Rose, McCarthy and Garry, JJ., concur. Ordered that the orders are affirmed, without costs.
. We reject the contention of the attorney for the children that the appeal from the dispositional order is moot (see Matter of Brandon DD. [Jessica EE.], 74 AD3d 1435, 1437 n 2 [2010]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.