Legal Opinion

In re Dorothy D.

New York Court of Appeals

Decided January 10, 1980PublishedCited by 64 opinions

1Opinion of the Court

OPINION OF THE COURT

Wachtler, J.

The issue in this case is whether the Family Court should have expunged from its records a juvenile delinquency petition brought against a blameless child by a neighbor. We agree with the Appellate Division that, in the circumstances of this case, the court’s failure to do so was an abuse of discretion as a matter of law.

This matter arose when the child’s mother filed a criminal complaint against a neighbor. In response the neighbor charged that the child, then aged 12, was a juvenile delinquent. At the intake level of Family Court, before the juvenile…

2Cases cited4 opinions

  1. Barker v. . BinningerNew York Court of Appeals · 1856
  2. Richard S. v. City of New YorkNew York Court of Appeals · 1973
  3. Henry v. LooneyNew York Supreme Court · 1971
  4. Weisberg v. Police DepartmentNew York Supreme Court · 1965

3Cited by64 opinions

  1. Nicholson v. State Commission on Judicial ConductNew York Court of Appeals · 1980
  2. Alonzo M. v. New York City Department of ProbationNew York Court of Appeals · 1988
  3. Gabrelian v. GabrelianAppellate Division of the Supreme Court of the State of New York · 1985
  4. Crain Communications, Inc. v. HughesNew York Court of Appeals · 1989
  5. Gristina v. MerchanCourt of Appeals for the Second Circuit · 2025

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