Legal Opinion
In re the Guardianship & Custody of Julian P. H.
New York City Family Court
Decided June 18, 1998PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Philip C. Segal, J.
*177In this proceeding to terminate parental rights, respondent parents move for summary judgment dismissing the petition on the grounds: that the allegations supporting the cause of action (permanent neglect) were in issue and actually litigated in a prior recently concluded proceeding to extend the foster care placement of respondents’ three children (see, Family Ct Act § 1055 [b]); that the court expressly found in the prior proceeding that permanent neglect does not exist; and that the New York City Commissioner of Social Services (hereinafter the…
2Cases cited11 opinions
- Santosky v. KramerSupreme Court of the United States · 1982
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Matter of Philip M.New York Court of Appeals · 1993
- Suffolk County Deptartment of Social Services v. James M.New York Court of Appeals · 1994
- MATTER OF LEE TT. v. DowlingNew York Court of Appeals · 1996
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3Cited by2 opinions
- In re Justin Henry B.Appellate Division of the Supreme Court of the State of New York · 2005
- In re St. Vincent's Services, Inc.New York City Family Court · 2007