In re Edward J. Mc.
Cases that cite this one
9 later published cases cite this decision.
- In re N. Fania D. (Appellate Division of the Supreme Court of New York 2013)
- In re N. Fania D. (Appellate Division of the Supreme Court of New York 2013)
- S., BRIAN, MTR. OF (Appellate Division of the Supreme Court of New York 2016)
- In re Brian S. (Appellate Division of the Supreme Court of New York 2016)
- In re Brian S. (Appellate Division of the Supreme Court of New York 2016)
- In re Chanel T. (Appellate Division of the Supreme Court of New York 2013)
- In re Chanel T. (Appellate Division of the Supreme Court of New York 2013)
- In re Hope K.W. (Appellate Division of the Supreme Court of New York 2012)
- In re Hope K.W. (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
Although the father did not appear at the hearing, the order appealed from was not rendered upon default, as his counsel appeared and participated at the hearing (see Matter of Elijah P. [C.I.P.], 76 AD3d 631 [2010]; Matter of Newman v Newman, 72 AD3d 973 [2010]). Accordingly, the father may appeal from the order of fact-finding and disposition (see Matter of Amber Megan D., 54 AD3d 338 [2008]; Matter of Vanessa M., 263 AD2d 542 [1999]; Matter of Geraldine Rose W., 196 AD2d 313 [1994]).
Contrary to the father’s contention, the Family Court’s determination that he neglected the subject child by virtue of his drug use is supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [a] [iii]; [b] [i]; Matter of Zaire D. [Benellie R.], 90 AD3d 923 [2011]; Matter of Latrell S.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.