Legal Opinion

In re Destiny H.

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

Decided April 19, 2011PublishedCited by 11 opinions

1Opinion of the Court

In a child neglect proceeding pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Westchester County (Edwards, J.), entered July 20, 2010, which, after a fact-finding hearing, denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with costs.

The Family Court failed to state on the record the facts which it deemed essential to its determination to dismiss the petition (see Family Ct Act § 1051 [c]; Matter of Jose L.I., 46 NY2d 1024, 1025-1026 [1979]; cf. Matter of Jodi S., 179 AD2d 653 [1992]). However, remittal is…

2Cases cited9 opinions

  1. Nicholson v. ScoppettaNew York Court of Appeals · 2004
  2. In re Tammie Z.New York Court of Appeals · 1985
  3. Matter of I.New York Court of Appeals · 1979
  4. In re James HH.Appellate Division of the Supreme Court of the State of New York · 1996
  5. In re Antonio NN.Appellate Division of the Supreme Court of the State of New York · 2006

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Drury v. DruryAppellate Division of the Supreme Court of the State of New York · 2011
  2. Sperling v. SperlingAppellate Division of the Supreme Court of the State of New York · 2012
  3. Matter of Bonet v. BonetAppellate Division of the Supreme Court of the State of New York · 2014
  4. Panico v. PanicoAppellate Division of the Supreme Court of the State of New York · 2012
  5. Smith v. Falco-BoricAppellate Division of the Supreme Court of the State of New York · 2011

6 more not listed; retrieve them via the Exa API.

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