Legal Opinion
In re Roderick W.
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 1983PublishedCited by 4 opinions
1Opinion of the Court
— Order unanimously affirmed, without costs. Memorandum: Although Family Court found that permanent neglect on the part of respondent had been established by a fair preponderance of the evidence, we are empowered to review the record on appeal under the constitutional standard of clear and convincing evidence announced in Santosky v Kramer (455 US 745) without the necessity of an automatic remittal for a new hearing by Family Court under .that standard (Matter of Michael B., 58 NY2d 71; see, also, Matter of Snyder, 88 AD2d 772). Our review of the record establishes that petitioner has proved…
2Cases cited4 opinions
- Santosky v. KramerSupreme Court of the United States · 1982
- In re Orlando F.New York Court of Appeals · 1976
- In re Michael B.New York Court of Appeals · 1983
- In re SnyderAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by4 opinions
- In re Sheila G.New York Court of Appeals · 1984
- In re Jamie M.Appellate Division of the Supreme Court of the State of New York · 1983
- In re Malika Lenasia R.Appellate Division of the Supreme Court of the State of New York · 2005
- In re Philip S.Appellate Division of the Supreme Court of the State of New York · 2000