ALTERCATION LED TO A BROKEN NOSE
While their child was asleep, Saul is said to have attacked the mother of his child as she was napping on the living room couch. They purportedly engaged in a 7–12-minute altercation which resulted in his breaking the woman’s nose and requiring that she go to the hospital – conduct which ultimately led to his arrest.
After the New York County Family Court determined that he had neglected the youngster, he appealed.
On its review of the dispute, the Appellate Division, First Department, agreed that neglect can be based on a single incident, when a child is exposed to “substantial harm.” And if a kid is in the vicinity of an occurrence of domestic violence, “imminent danger of substantial harm” to that minor can be “inferred,” even when there’s no evidence that “the child was ‘aware of the incident or emotionally affected by it.’”
Looks like his neglect of civility cost him big-time there.
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DECISION