Legal Opinion

In re Madeline R.

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

Decided April 20, 1995PublishedCited by 18 opinions

1Opinion of the Court

Order Family Court, New York County (Judith B. Scheindlin, J.), entered September 1, 1994, which dismissed three petitions brought pursuant to Family Court Act article 10 alleging neglect on the part of the respondent, unanimously reversed, on the law and the facts, without costs, and the matter remanded for a dispositional hearing before a different Judge of the Family Court.

To support a finding of neglect the petitioner was required to prove by a preponderance of the evidence that the physical, mental or emotional condition of these children was in imminent danger of becoming impaired due…

2Cases cited4 opinions

  1. In re MillarNew York Court of Appeals · 1974
  2. In re MillarAppellate Division of the Supreme Court of the State of New York · 1972
  3. In re Naticia Q.Appellate Division of the Supreme Court of the State of New York · 1993
  4. In re Moises D.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by18 opinions

  1. In re Jesse DD.Appellate Division of the Supreme Court of the State of New York · 1996
  2. In re Cerenithy Ecksthine B.Appellate Division of the Supreme Court of the State of New York · 2012
  3. In re Alena O.Appellate Division of the Supreme Court of the State of New York · 1995
  4. In re Soma H.Appellate Division of the Supreme Court of the State of New York · 2003
  5. In re Domaniqua H.Appellate Division of the Supreme Court of the State of New York · 2003

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