MATTER OF EMILY I.


50 A.D.3d 1181 (2008)

854 N.Y.S.2d 792

In the Matter of EMILY I., a Child Alleged to be Abused. ST. LAWRENCE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; AMY J., Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided April 3, 2008.


Lahtinen, J.

In November 2004, respondent, the mother of Emily I. (born in 2000), became angry with the child's father when he told her that reconciliation of their fractured relationship was not feasible. She approached the father with a handgun as he was holding the child in his arms and threatened to shoot him, stating that she planned to carry through on the threat even if it meant the child would be harmed. Shortly thereafter and while he was still holding the...

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