Legal Opinion

In re Suzanne RR.

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

Decided December 14, 2006PublishedCited by 17 opinions

1Opinion of the CourtMugglin, J.

Appeal from an order of the Family Court of Clinton County (Lawliss, J.), entered June 13, 2005, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondent’s child to be neglected.

The issue presented on this appeal is whether Family Court properly granted summary judgment to petitioner in this Family Ct Act article 10 derivative neglect proceeding. While it is well established that Family Court is so authorized, summary judgment “remains a drastic procedural device which will be found appropriate only in those circumstances ‘when it…

2Cases cited6 opinions

  1. Suffolk County Deptartment of Social Services v. James M.New York Court of Appeals · 1994
  2. In re Vincent M.Appellate Division of the Supreme Court of the State of New York · 1993
  3. In re Hannah UU.Appellate Division of the Supreme Court of the State of New York · 2002
  4. In re Tiffany AA.Appellate Division of the Supreme Court of the State of New York · 2000
  5. In re Hunter YY.Appellate Division of the Supreme Court of the State of New York · 2005

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3Cited by17 opinions

  1. In re Tradale CC.Appellate Division of the Supreme Court of the State of New York · 2008
  2. In re Paige WW.Appellate Division of the Supreme Court of the State of New York · 2010
  3. In re Miranda F.Appellate Division of the Supreme Court of the State of New York · 2012
  4. In re Suzanne RR.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Matter of Ja'layna FF. (Jalyssa GG.)Appellate Division of the Supreme Court of the State of New York · 2022

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