Legal Opinion
In re Joyce M.
New York Family Court
Decided April 27, 1979PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Jerome Becker, J.
This decision supplements a decision dictated into the record on January 10, 1979, at the conclusion of a fact-finding hearing in the above-captioned matter.
Adoption proceedings, and proceedings to free children for adoption, were unknown at common law (Matter of Malpica-Orsini, 36 NY2d 568, 570; Matter of Anonymous, 40 NY2d 96, 101). These proceedings exist solely by statute. Statutes in derogation of common law must be strictly construed (McKinney’s Cons Laws of NY, Book 1, Statutes, § 311).
Against this background, the court will now proceed to examine…
2Cases cited14 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Meyer v. NebraskaSupreme Court of the United States · 1923
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Joyner v. DumpsonCourt of Appeals for the Second Circuit · 1983
- Joyner v. DumpsonCourt of Appeals for the Second Circuit · 1983
- In re Joyce M.Appellate Division of the Supreme Court of the State of New York · 1980
- Catholic Child Care Society of Diocese v. Evelyn F.New York City Family Court · 1985
- In re Suzanne N. Y.New York City Family Court · 1979