Legal Opinion
In re Daniel A. D.
New York City Family Court
Decided September 5, 1980PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Leah R. Marks, J.
A motion is before this court seeking dismissal of the petition because the termination of parental rights based on the mental illness or mental retardation of the parent is allegedly unconstitutional. Termination was ordered in this case because of mental illness, and the Court of Appeals reversed, referring it to the Family Court for a new trial.
At first, this court reserved decision on the motion stating a decision would be rendered if necessary after the trial because a lower court ought not to rule on a constitutional issue unless it is absolutely…
2Cases cited19 opinions
- In Re GAULTSupreme Court of the United States · 1967
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Meyer v. NebraskaSupreme Court of the United States · 1923
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
14 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re N. ChildrenNew York City Family Court · 1981
- Commissioner of Social Services ex rel. L. Children v. Diane R.New York City Family Court · 1994
- In re Richard M.New York Family Court · 1981
- In re RichardsonNew York Court of Appeals · 1985
- In re Ursula P.New York City Family Court · 1981