Legal Opinion

In re Alexander D.

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

Decided November 1, 2007PublishedCited by 13 opinions

1Opinion of the Court

Order, Family Court, New York County (Sara P. Schechter, J.), entered on or about May 10, 2007, which, after a fact-finding hearing, found that respondents medically and educationally neglected the subject children, reversed, on the law and the facts, without costs, the findings of neglect vacated and the petitions dismissed.

Fetitioner failed to establish by a preponderance of the evidence that Edward D., a 10-year-old autistic child, was educationally neglected (see Family Ct Act § 1012 [f] [i] [A]; § 1046 [b] [i]). Edward’s unexcused absence from school “does not, ipso facto, establish…

2Cases cited5 opinions

  1. In re HofbauerNew York Court of Appeals · 1979
  2. In re Vincent M.Appellate Division of the Supreme Court of the State of New York · 1993
  3. In re Faridah W.Appellate Division of the Supreme Court of the State of New York · 1992
  4. In re Aishia O.Appellate Division of the Supreme Court of the State of New York · 2001
  5. In re Giancarlo P.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by13 opinions

  1. Ed Ex Rel. Vd v. TuffarelliDistrict Court, S.D. New York · 2010
  2. Natiello v. CarrionAppellate Division of the Supreme Court of the State of New York · 2010
  3. Matter of Chastity O.C. (Angie O.C.)Appellate Division of the Supreme Court of the State of New York · 2016
  4. In re Araynah B.New York City Family Court · 2011
  5. In re Jessica J.Appellate Division of the Supreme Court of the State of New York · 2008

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