May 6, 2013

Our Case is Again Featured in NYC Public Defender’s Newsletter

Holy mackerel! Twice in one month!!  Martin + Colin, P.C. is pleased to announce that another one of our law firm’s appeals was featured prominently in the April newsletter of New York City’s largest public defender’s office: i.e., the Legal Aid Society. – May 2013

On two different occasions in April and May 2013 a case handled by our law firm is chosen to be featured in the newsletter.  Yeah, baby!

2d Time Featured by LAS

 
Some excerpts of the appellate court’s opinion:

  • [A] party seeking to establish neglect must show, by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]), first, that a child’s physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired and second, that the actual or threatened harm to the child is a consequence of the failure of the parent or caretaker to exercise a minimum degree of care in providing the child with proper supervision or guardianship” (Nicholson v Scoppetta, 3 NY3d 357, 368 [2004]; see Family Ct Act § 1012 [f] [i]; Matter of Anthony S. [Dawn N.], 98 AD3d 519, 520 [2012]). Resolution of issues of credibility is primarily a matter to be determined by the Family Court, who saw and heard the witnesses (see Matter of Toneatti v Schiavone, 266 AD2d 303 [1999]; Matter of Commissioner of Social Servs. of City of N.Y. [Rafael R.], 188 AD2d 528, 529 [1992]).
  • The petitioner was not barred from commencing and maintaining the instant Family Court Act article 10 proceeding against the mother based on the same set of facts contained in a report deemed unfounded and sealed by the New York State Office of Children and Family Services (see Matter of Joseph T., 23 AD3d 482, 483 [2005]; Matter of Diane P., 110 AD2d 354, 355 [1985]).
With any family law matter, the experienced trial lawyers at Martin + Colin, P.C. are here to help.  Please call us at (914) 771 7711 to schedule a consultation with one of our experienced Family Law attorneys.

 

 

I founded Martin+Colin, P.C., a White Plains personal injury firm that has recovered millions of dollars for injured people across New York. Over my career, I've represented clients in some of the most serious accident cases the state sees: construction and demolition worker injuries, workplace accidents, and motor vehicle crashes involving cars, trucks, motorcycles, and pedestrians. My practice also covers premises liability and landlord negligence claims, from slip-and-fall and knockdown injuries to harm caused by broken steps and missing handrails. In every case, my focus is the same: holding negligent parties accountable and making sure injured clients and their families get the full compensation they're owed. My clients work with me because I combine a proven record of results with a straightforward, no-nonsense approach. I explain the process in plain terms, I fight hard for every client, and I treat each case with the attention it deserves. If you've been hurt in an accident, contact me and the team at Martin+Colin, P.C. for a free consultation.