MATTER OF JOVON J.


51 A.D.3d 1395 (2008)

857 N.Y.S.2d 850

In the Matter of JOVON J. and Others, Infants. MONROE COUNTY DEPARTMENT OF HUMAN AND HEALTH SERVICES, Respondent; THERMAN M., Appellant, et al., Respondent.

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

Decided May 2, 2008.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum:

Family Court properly determined that the sexual abuse by respondent father of his stepdaughter, of which he was convicted in 2006, established his derivative neglect of his biological son pursuant to Family Court Act § 1046 (a) (i). A finding of derivative neglect may be made where the evidence with respect to the child found to be abused or neglected...

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