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In re Jamie V.

Supreme Court of New York, First Department

October 8, 2013

In re Jamie V., A Child under Eighteen Years of Age, etc., and Jamie., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent

Tennille M. Tatum-Evans, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Julie Steiner of counsel), for respondent.

Lisa H. Blitman, New York, attorney for the child.

Friedman, J.P., Richter, Feinman, Gische, JJ.

Order of fact-finding and disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about April 16, 2012, which, insofar as appealed from as limited by the briefs, found that respondent father had neglected the subject child, unanimously affirmed, without costs.

The finding of neglect was supported by a preponderance of the evidence (see Family Ct Act § 1046 [b][i]). The record shows that the father was operating his admitted drug dealing out of the family apartment. The father also chose not to testify, which entitled the court to draw the strongest possible inference against him (see Matter of Eugene L. [Julianna H.], 83 A.D.3d 490 [1st Dept 2011]).

Accordingly, the court properly found that the father's conduct posed an imminent danger to the child's physical, mental and emotional condition (see Family Ct Act ยง 1012[f][i]). The fact that the child had already been removed from the home for approximately a week before the search warrant was executed does not warrant a ...


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