Fourth Department – Child neglect: Matter of Akeem M.

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Child neglect — Physical and emotional abuse of mother — Intoxication and drug use

Matter of Akeem M.

CAF 24-01569

Appealed from Family Court, Onondaga County

Background: The respondent father appealed from three orders adjudging he neglected his children.

Ruling: The Appellate Division affirmed. The court noted that the petitioner met its burden of proof demonstrating that with respect to three of the children he tested positive for cocaine while he had custody and that police responded to two domestic violence calls while the mother was pregnant and the father was severely intoxicated. Furthermore, there was evidence of the father’s repeated physical abuse of the mother and verbal abuse of her in front of the children that his neglect of the eldest children was closely connected with the care of the youngest child that the youngest child was equally at risk.

Thomas L. Pelych for the respondent-appellant; Lisa S. Cuomo, county attorney, for the petitioner-respondent; Andrew S. Greenberg, attorney for the children.

 Oral argument video