Legal Opinion

In re John AA.

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

Decided May 1, 1980PublishedCited by 10 opinions

1Opinion of the Court

Appeal from a judgment of the Family Court of Ulster County, entered April 5, 1979, which adjudged appellants’ three children to be permanently neglected pursuant to article 6 of the Family Court Act. The sole contention upon this appeal is that section 622 of the Family Court Act is unconstitutional because the standard of proof required by the statute, a fair preponderance of the evidence, is so low that it deprives them of due process of law. In Matter of Anthony L. CC. (48 AD2d 415, 419), this court held that the level of proof required by section 622 was constitutional. In adhering to…

2Cases cited4 opinions

  1. Bennett v. JeffreysNew York Court of Appeals · 1976
  2. Corey L v. Martin LNew York Court of Appeals · 1978
  3. In re Sanjivini K.New York Court of Appeals · 1979
  4. In re "CC"Appellate Division of the Supreme Court of the State of New York · 1975

3Cited by10 opinions

  1. State Ex Rel. Juvenile Department v. FarrellCourt of Appeals of Oregon · 1982
  2. In re K. J. L.District of Columbia Court of Appeals · 1981
  3. In Re the Appeal in Gila County Juvenile Action No. J-3824Arizona Supreme Court · 1981
  4. Kramer v. John AAAppellate Division of the Supreme Court of the State of New York · 1982
  5. In re Pablo C.New York City Family Court · 1980

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