In re Mindy W.
Cases that cite this one
1 later published case cites this decision.
- Matter of Dayannie I. M. (Roger I. M.) (Appellate Division of the Supreme Court of New York 2016)
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
Ordered that the fact-finding order dated March 24, 2011, is affirmed, without costs or disbursements.
The Supreme Court’s determination that the appellant sexually abused and neglected his daughter Mindy W. is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Lauryn H. [William A.], 73 AD3d 1175 [2010]; Matter of Grant W. [Raphael A.], 67 AD3d 922 [2009]; Matter of Abigail S., 21 AD3d 380 [2005]; Matter of Heather S., 19 AD3d 606 [2005]).
Additionally, while a finding of sexual abuse of one child does not, by itself, establish that other children in the household have been derivatively neglected, here, the father’s sexual abuse of his daughter evinced a flawed understanding of his duties as a parent and impaired parental judgment sufficient to support the Family Court’s finding of derivative neglect of Goldy W., Joseph W., Ari W., and Yitzy W. (see Family Ct Act § 1046 [a] [i]; Matter of Grant W. [Raphael A.], 67 AD3d at 922-923; Matter of Abigail S., 21 AD3d at 381).
The father’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.