Legal Opinion · Concurring in part, dissenting in part

Delores B. Cardinal McCloskey Children's & Family Services v. Willie B.

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

Decided October 20, 1988Published

1Concurring in part, dissenting in partEllerin, J.

In this case I believe the record amply sustains the majority’s conclusions that the agency fulfilled its statutory obligation and exerted the requisite "diligent efforts”, both before and after the respondent’s incarceration which commenced on April 10, 1979, and that the father failed to fulfill his duty to plan for the future of these children both before and after his incarceration.

I find untenable the dissent’s position that the father’s incarceration, which will extend for a period long beyond the children’s reaching majority, makes it impossible for him to devise a realistic plan for…

2Cases cited2 opinions

  1. In re the Adoption of AnthonyNew York City Family Court · 1982
  2. In re Delores B.New York City Family Court · 1985

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API