Legal Opinion
In re Michael B.
New York Court of Appeals
Decided January 18, 1983PublishedCited by 39 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In cases in which, prior to the decision of the Supreme Court of the United States in Santosky v Kramer (455 US 745), the Family Court has found that permanent *73neglect on the part of a mother has been established by a fair preponderance of the evidence, the Appellate Division may properly review the record on appeal under the constitutional standard announced in Santosky — clear and convincing evidence — without the necessity of an automatic remittal for a new hearing under that standard by the Family Court. The evidence in this record, however, is insufficient to meet…
3Cases cited2 opinions
- Santosky v. KramerSupreme Court of the United States · 1982
- Kramer v. John AAAppellate Division of the Supreme Court of the State of New York · 1982
4Cited by39 opinions
- In Re the Guardianship of Star Leslie W.New York Court of Appeals · 1984
- New Jersey Division of Youth & Family Services v. A.W.Supreme Court of New Jersey · 1986
- In re Catholic Child Care Society of DioceseAppellate Division of the Supreme Court of the State of New York · 1985
- In re Jasmine T.Appellate Division of the Supreme Court of the State of New York · 1990
- In re the Claim of O'LearyAppellate Division of the Supreme Court of the State of New York · 1983
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