Legal Opinion

In re the Guardianship of Aaron D.

New York Court of Appeals

Decided February 20, 1980PublishedCited by 26 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the matter remitted for a new hearing for the reasons stated and in accordance with the dissenting opinion of Mr. Justice Arnold L. Fein at the Appellate Division.

Under former section 384 (subd 7, par [a]) of the Social Services Law, the constitutionality of which has not been challenged here, before a court severs parental ties in a proceeding of this sort the parent must have been found to be "presently and for the foreseeable future unable to provide proper and adequate care, by reason of…

2Cases cited1 opinion

  1. In re the Guardianship of Daniel Aaron D.Appellate Division of the Supreme Court of the State of New York · 1978

3Cited by26 opinions

  1. In re Dean L.Appellate Division of the Supreme Court of the State of New York · 1985
  2. In re Joseph ZZ.Appellate Division of the Supreme Court of the State of New York · 1997
  3. In re M.M.M.District of Columbia Court of Appeals · 1984
  4. In Re the Guardianship & Custody of Dochingozi B.New York Court of Appeals · 1982
  5. Radjpaul v. PattonAppellate Division of the Supreme Court of the State of New York · 1988

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