Legal Opinion

In re McC.

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

Decided April 28, 1992PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Kupferman, J.

While we find nothing wrong with the court’s findings of permanent neglect based upon the testimony elicited at the August 1989 fact-finding hearing, such finding requires termination of parental rights only where such disposition is determined to be in the best interests of the child (Matter of Female M., 70 AD2d 812).

Given the fact that the dispositional order was entered on respondent mother’s default in November 1989, as well as the evidence currently before us of her subsequent and positive change of circumstances, including: her return to New York; the…

2Cases cited2 opinions

  1. In re JonesAppellate Division of the Supreme Court of the State of New York · 1987
  2. In re Female M.Appellate Division of the Supreme Court of the State of New York · 1979

3Cited by7 opinions

  1. In re Rose W.Appellate Division of the Supreme Court of the State of New York · 1994
  2. In re Shaka Efion C.Appellate Division of the Supreme Court of the State of New York · 1994
  3. In re Cassandra Tammy S.Appellate Division of the Supreme Court of the State of New York · 2011
  4. In re Adam S.Appellate Division of the Supreme Court of the State of New York · 2001
  5. In re Frederick S.New York City Family Court · 1998

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