Legal Opinion

In re Snyder

Appellate Division of the Supreme Court of the State of New York

Decided May 14, 1982PublishedCited by 4 opinions

1Opinion of the Court

— Order unanimously affirmed, without costs. Memorandum: At the time of the hearings to determine whether respondent’s children were permanently neglected, the requisite standard of proof was preponderance of the evidence. However, the Supreme Court recently declared this standard of proof unconstitutional when applied to cases involving permanent termination of parental rights (Santosky v Kramer,_US_, 50 USLW 4333). Therefore, we must give effect to the law, as it presently exists (People v Loria, 10 NY2d 368) and apply the higher standard of proof to the evidence offered at the hearing (see…

2Cases cited3 opinions

  1. People v. LoriaNew York Court of Appeals · 1961
  2. In re Arthur M.Appellate Division of the Supreme Court of the State of New York · 1970
  3. America Rescue Workers, Inc. v. WesleyAppellate Division of the Supreme Court of the State of New York · 1973

3Cited by4 opinions

  1. In re Roderick W.Appellate Division of the Supreme Court of the State of New York · 1983
  2. In re Ian II.Appellate Division of the Supreme Court of the State of New York · 1991
  3. In re ButhyAppellate Division of the Supreme Court of the State of New York · 1982
  4. In re Jamie M.Appellate Division of the Supreme Court of the State of New York · 1983

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