Appellate Division of the Supreme Court of New York, 1985

In re Gerald M.

Appellate Division of the Supreme Court of New York · Decided June 4, 1985

112 A.D.2d 6

Cases that cite this one

21 later published cases cite this decision.

Matter of Skyler G. (Heather G.) (Appellate Division of the Supreme Court of New York 2018)
Matter of Jovan J. (Lisa J.) (Monroe Family Court 2005)
In re Craig L. (Appellate Division of the Supreme Court of New York 2003)
In re Melissa G. (Appellate Division of the Supreme Court of New York 2003)
In re William Ralph T. St. Vincent's Services, Inc. (Appellate Division of the Supreme Court of New York 2001)
In re Rebecca F. (Appellate Division of the Supreme Court of New York 2001)
In re Alfred B. (NYC Family Court 2001)
In re Nicole Lina C. (Appellate Division of the Supreme Court of New York 2000)
Wendy F. v. Onondaga County Department of Social Services (Appellate Division of the Supreme Court of New York 2000)
In re Alka H. (Appellate Division of the Supreme Court of New York 2000)
In re Torrien Matthew McK. (Appellate Division of the Supreme Court of New York 1998)
In re Sabrieal A. (Appellate Division of the Supreme Court of New York 1998)
In re Nicole Lee B. (Appellate Division of the Supreme Court of New York 1998)
In re A. Children (Appellate Division of the Supreme Court of New York 1998)
In re A. Children (Appellate Division of the Supreme Court of New York 1998)
In re David Michael J. (Appellate Division of the Supreme Court of New York 1995)
In re Grace Q. (Appellate Division of the Supreme Court of New York 1994)
In re Starr M. (Appellate Division of the Supreme Court of New York 1994)
In re Shaka Efion C. (Appellate Division of the Supreme Court of New York 1994)
In re Celeste M. (Appellate Division of the Supreme Court of New York 1992)
In re Lawrence Clinton S. (Appellate Division of the Supreme Court of New York 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order unanimously affirmed, without costs. Memorandum: Respondents appeal from orders of Family Court revoking an October 13,1982 order of suspended judgment of permanent neglect and transferring custody of the minor children to the Genesee County Department of Social Services. Petitioner established by a fair preponderance of the evidence that respondents failed to comply with several conditions attached to the suspended judgment (see, 22 NYCRR 2506.1 [d]). The determination of whether the terms of the suspended judgment were met is part of the dispositional phase of the proceeding (Family Ct Act § 631 [b]); thus, the standard of proof is "preponderance of the evidence” (see generally, Family Ct Act §§ 623, 631; cf. § 622; Santosky v Kramer, 455 US 745) and not, as petitioners urge, "clear and convincing” evidence. (Appeal from order of Genesee County Family Court, Graney, J. — terminate parental rights.) Present — Hancock, Jr., J. P., Doerr, Denman, O’Donnell and Schnepp, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.