Legal Opinion
Department of Social Services ex rel. Mark S. v. Felicia B.
New York City Family Court
Decided June 23, 1989PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Norman Feiden, J.
Before the court is a neglect petition alleging that the *170respondent, while pregnant with the child Naquann W., ingested cocaine, resulting in the said child being born with a positive toxicology for cocaine. (The other petitions are derivative petitions.)
The respondent now moves to dismiss the petitions pursuant to CPLR 3211 (a) (7). The gravamen of respondent’s motion is that a neglect petition, resulting in the birth of an impaired child, cannot be based on the prebirth conduct of the mother which impacted on the fetus. That is to say, the behavior of…
2Cases cited6 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Woods v. LancetNew York Court of Appeals · 1951
- Bichler v. Eli Lilly & Co.New York Court of Appeals · 1982
- Endresz v. FriedbergNew York Court of Appeals · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re Tyesha C.Appellate Division of the Supreme Court of the State of New York · 1990
- Nassau County Department of Social Services ex rel. Dante M. v. Denise J.Appellate Division of the Supreme Court of the State of New York · 1994
- In re Fathima Ashanti K. J.New York City Family Court · 1990
- In re Steven D.New York City Family Court · 2016