New York Court of Appeals, 1974

In re Millar

In re Millar
New York Court of Appeals · Decided November 14, 1974
35 N.Y.2d 767; 320 N.E.2d 865; 362 N.Y.S.2d 149; 1974 N.Y. LEXIS 1229

In re Millar

Opinion of the Court

Order affirmed, without costs, in the following memorandum: A majority of the court would have preferred that before the final adjudication of neglect there would have been testimonial evidence of a psychological expert of the potential risks to the child while in the care of the purportedly ill mother. All the court agree that the staleness of the appeal makes incongruous "any suggestion that the matter be remitted for further proceeding and that such a remission would be detrimental to the welfare of the child.

Concur: Chief Judge Rreitel and Judges Jasen, G-abrielli, Jones, Wachtler, Rabin and Stevens.

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