In re Marquel J.
Cases that cite this one
3 later published cases cite this decision.
- Matter of Carter R. (Camesha B.) (Appellate Division of the Supreme Court of New York 2020)
- In re Jeremiah L. (Appellate Division of the Supreme Court of New York 2007)
- In re Shevonne C. (Appellate Division of the Supreme Court of New York 2002)
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
—In three related neglect proceedings pursuant to Family Court Act article 10, the petitioner, Suffolk County Department of Social Services, appeals from an amended order of the Family Court, Suffolk County (Pach, J.), entered August 16, 1999, which, after a hearing, directed that the children be returned to the respondent mother.
Ordered that the amended order is affirmed, with costs.
The petitioner did not meet its burden of establishing that the subject children should remain in its custody (see, Matter of Hiram V., 162 AD2d 453, 454; Besharov, Practice Commentaries, McKinney’s Cons Laws of NY, Book 29A, Family Ct Act § 1028, at 42-45). The evidence adduced at the hearing did not establish an imminent risk of harm to the children (see, Family Ct Act § 1028 [b]; Matter of Hiram V., supra). Under these circumstances the Family Court providently exercised its discretion. Mangano, P. J., Altman, Schmidt and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.