Legal Opinion

In re Tristram K.

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

Decided November 2, 2006PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Gonzalez, J.

On this appeal, we must decide whether Family Court Act § 1035 (f) precludes a child’s relatives from intervening in Family Court Act article 10 child protective proceedings, where the only living parent has appeared in the proceeding and refuses to consent to intervention. Based upon the plain meaning of the statutory language, we reverse and find that Family Court erred in permitting intervention by the child’s paternal relatives.

This appeal arises out of protracted neglect, custody and visitation proceedings concerning the child Tristram K., now six years…

2Cases cited6 opinions

  1. Matter of Yolanda D.New York Court of Appeals · 1996
  2. Tall Trees Construction Corp. v. Zoning Board of AppealsNew York Court of Appeals · 2001
  3. Alweis v. EvansNew York Court of Appeals · 1987
  4. In re Tristram K.Appellate Division of the Supreme Court of the State of New York · 2005
  5. In re Ricky P.New York City Family Court · 1987

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In re James Mc.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Bailey v. Heather RiversNew York City Family Court · 2006
  3. A.B. v. D.W.New York City Family Court · 2007
  4. In re Lanaya B.New York City Family Court · 2009
  5. Matter of A.B. v. D.W.New York Family Court, Monroe County · 2007

1 more not listed; retrieve them via the Exa API.

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