Kyle H., Matter of
| Decision Date | 19 November 1993 |
| Citation | 604 N.Y.S.2d 463,198 A.D.2d 913 |
| Parties | Matter of KYLE H. and Gerard H. |
| Court | New York Supreme Court — Appellate Division |
Linda S. Reynolds by Charles Halvorsen, Buffalo, for appellant.
John J. Barone, Buffalo, for respondent, Erie County DSS.
Ruth E. Baum, Amherst, for respondent, Cecily H.
Robert A. Campo, Amherst, for respondent, Eric M.
Before DENMAN, P.J., and GREEN, BALIO, FALLON and BOOMER, JJ.
Family Court erred in dismissing a child abuse petition against respondent Eric M., finding that he was not a "person legally responsible" (Family Ct Act § 1012[g]. The proof at the fact-finding hearing demonstrated that Eric M. was a "person responsible for the child's care at the relevant time" and was "continually * * * in the same household as the child" (Family Ct Act § 1012[g]. We modify the order, therefore, by reinstating the petition against Eric M.
Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Erie County Family Court for further proceedings.
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Yolanda D., Matter of
...29A, Family Ct Act § 1012, 1995 Pocket Part, at 104; cf., Matter of Jessica C., 132 Misc.2d 596, 505 N.Y.S.2d 321; Matter of Kyle H., 198 A.D.2d 913, 604 N.Y.S.2d 463; Matter of Robert J., 178 A.D.2d 1004, 580 N.Y.S.2d The purpose of Family Court Act § 1012(g) in expanding the definition of......
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Monroe Cnty. Dep't of Human Servs. v. Michelle S. (In re Celeste S.)
...the child when the conduct of such person causes or contributes to the abuse or neglect of the child" (see Matter of Kyle H., 198 A.D.2d 913, 913, 604 N.Y.S.2d 463 [4th Dept. 1993] ). Here, petitioner met its burden with respect to that issue by submitting the hearsay statements of the subj......