MATTER OF TRINITY B.-S.

799 CAF 19-01842.

198 A.D.3d 1331 (2021)

152 N.Y.S.3d 372

2021 NY Slip Op 05234

In the Matter of Trinity B.-S. and Another. Oswego County Department of Social Services, Respondent; William R.N., Appellant.

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

Decided October 1, 2021.


Attorney(s) appearing for the Case

DAVISON LAW OFFICE PLLC, CANANDAIGUA ( MARK C. DAVISON OF COUNSEL), FOR RESPONDENT-APPELLANT.

JEFFERY G. TOMPKINS , CAMDEN, FOR PETITIONER-RESPONDENT.

LAWRENCE BROWN , BRIDGEPORT, ATTORNEY FOR THE CHILDREN.

Present—Centra, J.P., Lindley, Troutman, Bannister and DeJoseph, JJ.


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

Memorandum: On appeal from an order in this Family Court Act article 10 proceeding, we reject the contention of respondent father that the evidence does not establish his neglect of the subject children by a preponderance of the evidence. Petitioner established a presumption of neglect based on the father's chronic and repeated misuse of drugs while entrusted with the care...

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