IN THE MATTER OF GIANNA C.-E.

3298.

77 A.D.3d 408 (2010)

907 N.Y.S.2d 754

In the Matter of GIANNA C.-E., a Child Alleged to be Neglected. ALONSO E., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 5, 2010.


The finding that the two-month-old infant was in imminent danger of physical injury as a result of respondent father's failure to exercise a minimum degree of care is supported by a preponderance of the evidence showing that respondent had engaged in a violent altercation with the infant's mother, punching her repeatedly in the face and head, while she was only three feet away from the infant. At that time, the infant was receiving oxygen while lying on a bed and connected...

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