Legal Opinion

In re Milland

New York City Family Court

Decided December 8, 1989PublishedCited by 4 opinions

1Opinion of the Court

*3OPINION OF THE COURT

Jeffry H. Gallet, J.

This child protective proceeding concerns an infant who was born suffering from Fetal Alcohol Syndrome (F.A.S.). At issue is whether a mother’s conduct prior to the birth of a special needs child may provide an evidentiary basis for a determination of neglect and if isolated, but uncontroverted, evidence of a father’s misuse of alcohol is sufficient to prove his potential for harmful behavior and establish neglect of that child.

THE FACTS

Natasha was born on January 11, 1989 and transferred to the Beth Israel Medical Center (B.I.M.C.) for treatment,…

2Cases cited8 opinions

  1. Noce v. KaufmanNew York Court of Appeals · 1957
  2. In re Christina Maria C.Appellate Division of the Supreme Court of the State of New York · 1982
  3. In re Eugene G.Appellate Division of the Supreme Court of the State of New York · 1980
  4. In re Alfredo HH.Appellate Division of the Supreme Court of the State of New York · 1981
  5. In re "Male" R.New York City Family Court · 1979

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

3Cited by4 opinions

  1. Matter of Sayeh R.New York Court of Appeals · 1997
  2. In re Tyesha C.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Alfredo S. v. Nassau County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1991
  4. Matter of Sayeh R.New York Court of Appeals · 1997

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