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!
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 ; see Family Ct Act § 1012 [f] [i]; Matter of Anthony S. [Dawn N.], 98 AD3d 519, 520 ). 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 ; Matter of Commissioner of Social Servs. of City of N.Y. [Rafael R.], 188 AD2d 528, 529 ).
- 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 ; Matter of Diane P., 110 AD2d 354, 355 ).
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.