Legal Opinion

In re Chauncey W.

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

Decided July 14, 1992PublishedCited by 3 opinions

1Opinion of the Court

— Order unanimously affirmed without costs. Memorandum: In this proceeding pursuant to Family Court Act article 10, the evidence was sufficient to support the court’s order extending placement and modifying custody. "On an application to extend placement of a neglected child, the burden is on the petitioning Department of Social Services to establish either the continued unfitness of the parents or that return of the child would likely result in physical or psychological harm” (Matter of Faith Z., 92 AD2d 990, lv denied 59 NY2d 601; cf., Matter of Sunshine A. Y., 88 AD2d 662). The proof…

2Cases cited3 opinions

  1. In re Sunshine A.Y.Appellate Division of the Supreme Court of the State of New York · 1982
  2. Mittenthal v. DumpsonNew York City Family Court · 1962
  3. In re Faith Z.Appellate Division of the Supreme Court of the State of New York · 1983

3Cited by3 opinions

  1. In re Damien X.Appellate Division of the Supreme Court of the State of New York · 1995
  2. In re Shaunna T.Appellate Division of the Supreme Court of the State of New York · 1996
  3. In re Theone McR.Appellate Division of the Supreme Court of the State of New York · 1997

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