Legal Opinion

In re Whitney B.

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

Decided December 29, 1993PublishedCited by 2 opinions

1Opinion of the Court

Order unanimously reversed on the law without costs and petition dismissed. Memorandum: The record establishes, as found by Family Court, that while respondent was incarcerated he reasonably planned for the future of his children. Family Court thus erred in concluding that respondent permanently neglected his children (see, Social Services Law § 384-b [7]; see generally, Matter of Gregory B., 74 NY2d 77). Moreover, because the petition failed to specify, as required by Family Court Act § 614 (1) (c), the diligent efforts that petitioner undertook to encourage and strengthen the parental…

2Cases cited3 opinions

  1. Gregory B. v. Gregory F.New York Court of Appeals · 1989
  2. In re David T.New York Court of Appeals · 1990
  3. In re Karen L.Appellate Division of the Supreme Court of the State of New York · 1981

3Cited by2 opinions

  1. In re Joseph ZZ.Appellate Division of the Supreme Court of the State of New York · 1997
  2. In re Nassau County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1996

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