MATTER OF CHERISH C.

9094-9094A.

102 A.D.3d 597 (2013)

959 N.Y.S.2d 51

2013 NY Slip Op 431

In the Matter of CHERISH C., a Child Alleged to be Neglected. SHANIKWA C., Appellant; ADMINISTRATION FOR CHIDREN'S SERVICES, Respondent, et al., Respondent.

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

Decided January 29, 2013.


Although the evidence does not support the court's finding that the grandmother had neglected the child by misusing drugs, a preponderance of the evidence does support the finding that the grandmother had neglected the child by perpetrating an act of domestic violence against the mother in the child's presence (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [b] [i]). Indeed, a police officer testified that he had witnessed the grandmother engage in a physical...

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