Legal Opinion

In re M. Children

New York City Family Court

Decided February 24, 1997PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Philip C. Segal, J.

*839Petitioner Commissioner of Social Services’ motion in this child protective proceeding (see, Family Ct Act art 10) for an order directing respondents to submit to a forensic mental health examination by petitioner’s expert is granted. The verified petition alleges that respondents’ children are neglected as a result of respondents’ mental illness (see, e.g., Matter of Jesse DD., 223 AD2d 929 [3d Dept 1996]; Matter of Madeline R., 214 AD2d 445 [1st Dept 1995]). As such, respondents’ mental condition is "in controversy” (CPLR 3121 [a]) during the…

2Cases cited6 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Koump v. SmithNew York Court of Appeals · 1969
  3. In re Jesse DD.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Watson v. StateAppellate Division of the Supreme Court of the State of New York · 1976
  5. In re Tricia K.New York City Family Court · 1994

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3Cited by2 opinions

  1. In re PedersonNew York City Family Court · 2001
  2. In re Tyler S.New York City Family Court · 2002

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