Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05535
Matter of David J.M. (Linda V.)
Read the official decision: 2026 NY Slip Op 05535
Holding The Appellate Division affirmed the Family Court’s finding of neglect because the mother’s untreated mental illness placed the child at imminent risk of harm. The court determined that the evidence established neglect by a preponderance of the evidence, despite the mother’s failure to appear at the dispositional hearing.
The court’s words
the mother's untreated mental illness caused the child to be placed at imminent risk of harm
2026 NY Slip Op 05535, at the official text
proof of a parent's mental illness alone will not support a finding of neglect
2026 NY Slip Op 05535, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05535 |
| Area of law | Family Law |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05535 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 710 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of David J.M. (Linda V.), 2026 NY Slip Op 05535 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05535/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works