Appellate Division of the Supreme Court of New York, 2012

In re Quincy K.

Appellate Division of the Supreme Court of New York · Decided February 28, 2012

92 A.D.3d 944; 938 N.Y.2d 904

Cases that cite this one

4 later published cases cite this decision.

In re Seth G. (Appellate Division of the Supreme Court of New York 2013)
In re Seth G. (Appellate Division of the Supreme Court of New York 2013)
In re Candacy C. (Appellate Division of the Supreme Court of New York 2012)
In re Candacy C. (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

In a child protective proceeding, the petitioner has the burden *945of proving neglect by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Philip M., 82 NY2d 238, 243 [1993]; Matter of Tammie Z., 66 NY2d 1, 3 [1985]; Matter of Besthani M., 13 AD3d 452, 452 [2004]). Here, contrary to the appellant’s contention, the Family Court’s finding of neglect based on the use of excessive corporal punishment is supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]; Matter of Chanyae S. [Rena W.], 82 AD3d 1247, 1247 [2011]; Matter of Isaiah S., 63 AD3d 948, 949 [2009]; Matter of Joshua B., 28 AD3d 759, 760-761 [2006]; Matter of Joseph O., 28 AD3d 562, 563 [2006]).

The appellant’s remaining contentions are without merit. Skelos, J.E, Dickerson, Belen and Miller, JJ, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.