Legal Opinion · Concurrence

Alfredo S. v. Nassau County Department of Social Services

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

Decided April 1, 1991Published

1ConcurrenceMiller, J.

concurs in part and dissents in part and votes to reverse the order appealed from, and to remit the matter to the Family Court, Nassau County, for a further hearing and new determination, with the following memorandum: I vigorously dissent from the majority’s decision which places this two and one-half-year-old girl in her father’s custody in total disregard of the Family Court’s finding that placement would pose a risk to her safety. In my opinion, the majority has overlooked essential facts, has misapplied the law, and has *535abrogated the court’s parens patriae duty to the child. The crux of…

2Cases cited36 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. In Re GAULTSupreme Court of the United States · 1967
  3. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  4. Goss v. LopezSupreme Court of the United States · 1975
  5. Bennett v. JeffreysNew York Court of Appeals · 1976

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