In re Madison H.
Opinion of the Court
Family Court, at the conclusion of the fact-finding hearing, properly amended the petition to conform to the proof of domestic violence. The record shows that the father had ample notice that domestic violence was at issue and an ample opportunity to cross-examine the mother about her claims (see Family Ct Act § 1051 [b]; Matter of Carmen L., 37 AD3d 468 [2d Dept 2007], lv denied 8 NY3d 814 [2007]). Moreover, the mother’s testimony that the father had swung the child in his arm during an argument with the mother, was sufficient additional proof that the child’s physical, mental, or emotional condition was in imminent danger of impairment as a result of the father’s domestic violence (see Family Ct Act § 1012 [f] [i]; Matter of Ndeye D. [Benjamin D.], 85 AD3d 1026, 1027-1028 [2d Dept 2011]). Concur — Tom, J.E, Mazzarelli, Catterson, Renwick and DeGrasse, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.