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Treatment trajectory · 2017 → 2026 · click a year to view as-of
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Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited "see"
Matter of Sky F.-M.J. (Angelica J.)
The AFC's contention that the court violated the child's Fourteenth Amendment rights when it terminated the mother's parental rights with respect to the subject child but allowed one of her siblings to remain in the mother's care is also unpreserved for our review inasmuch as the contention is raised for the first time on appeal ( see Matter of Alexander G.R. [Kristin G.P.] , 192 AD3d 1501, 1501 [4th Dept 2021]; see generally Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1494 [4th Dept 2016], lv denied 28 NY3d 915 [2017]).
discussed
Cited "see"
People v. Cohen
Even assuming, arguendo, that the psychiatric report constitutes a mitigating factor not taken into consideration by the SORA guidelines, we cannot say that the court, after weighing the aggravating and mitigating factors, abused its discretion in determining that the totality of the circumstances does not warrant a departure to avoid an over-assessment of the defendant's "dangerousness and risk of sexual recidivism" ( Gillotti , 23 NY3d at 861 ; see People v Rivera , 144 AD3d 1595 , 1596 [4th Dept 2016], lv denied 28 NY3d 915 [2017]).
discussed
Cited "see"
Meadow E. Assoc. LP v. Village of Potsdam
"For purposes of equal protection review, a legislative classification, such as the one at bar, that neither makes distinctions on the basis of a suspect class nor impairs a fundamental right, must be upheld if the challenged classification is rationally related to achievement of a legitimate state purpose" ( Korotun v Incorporated Vil. of Bayville , 26 AD3d 311, 313 [2d Dept 2006] [citations omitted], lv denied 7 NY3d 701 [2006]; see New York State United Teachers v State of New York , 140 AD3d 90, 97 [3d Dept 2016], appeal dismissed 28 NY3d 978 [2016], lv denied 28 NY3d 915 [2017]).
discussed
Cited "see"
Matter of Carmellah Z. (Casey v.
"While the burden of proving abuse or neglect always rests with petitioner, upon a motion . . . to dismiss a Family Court Act article 10 petition at the close of petitioner's case, the proper inquiry [is] whether petitioner [has] made out a prima facie case, thereby shifting the burden to respondent[] to rebut the evidence of parental culpability' " ( Matter of Camara R. , 263 AD2d [*2]710, 712 [3d Dept 1999]; see Matter of Mary R.F. [Angela I.] , 144 AD3d 1493, 1493 [4th Dept 2016], lv denied 28 NY3d 915 [2017]). "[A] party seeking to establish neglect must show, by a preponderance of the evi…
discussed
Cited "see"
People v. Augsbury
The assessment of points for both the age of the victim under risk factor 5 and the fact that she was asleep and therefore physically helpless under risk factor 6 “ ‘did not constitute impermissible double counting’ ” (People v Miller, 149 AD3d 1279, 1281 [3d Dept 2017]; see People v Smith, 144 AD3d 652 , 653 [2d Dept 2016], lv denied 28 NY3d 915 [2017]; People v Edwards, 93 AD3d 1210 , 1211 [4th Dept 2012]), and thus the application of the guidelines did not result in an overassessment of the risk that defendant presents to public safety (see generally People v Cathy, 134 AD3d 1579, 1…
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Cited "see"
People v. Miller
Here, the People established by clear and convincing evidence that the 15-year-old victim encompassed by the second indictment was asleep at the start of the incident and, therefore, was physically helpless. “[A]s the victim’s physical helplessness was not the result of, or in any way connected with, her age, assessing points in both categories did not constitute impermissible double counting” for purposes of the second indictment (People v Caban, 61 AD3d 834, 835 [2009], lv denied 13 NY3d 702 [2009]; see People v Smith, 144 AD3d 652 , 653 [2016], lv denied 28 NY3d 915 [2017]; People v D…
discussed
Cited "see"
People v. Miller
Here, the People established by clear and convincing evidence that the 15-year-old victim encompassed by the second indictment was asleep at the start of the incident and, therefore, was physically helpless. “[A]s the victim’s physical helplessness was not the result of, or in any way connected with, her age, assessing points in both categories did not constitute impermissible double counting” for purposes of the second indictment (People v Caban, 61 AD3d 834, 835 [2009], lv denied 13 NY3d 702 [2009]; see People v Smith, 144 AD3d 652 , 653 [2016], lv denied 28 NY3d 915 [2017]; People v D…
discussed
Cited "see, e.g."
Matter of Jayla A. (Chelsea K.--Isaac C.)
We conclude that the evidence adduced at the hearing preponderated in support of the court’s finding that the subject children were neglected as a result of the failure of respondent, as a person legally responsible for their care, to exercise a minimum degree of care in supplying the children with adequate food, clothing, shelter, or education, and/or in providing the children with proper supervision or guardianship so as not to unreasonably inflict, allow there to be inflicted, or imminently risk the potential infliction of serious harm upon them (see § 1012 [f], [g]; see also Matter of M…
Retrieving the full opinion text from the archive…
Locust Val. Cent. Sch. Dist., Matter of
v.
Locust Val. Teachers' Assn.
v.
Locust Val. Teachers' Assn.
New York Court of Appeals.
Feb 14, 2017.
Published
2d Dept: 144 AD3d 758 (Matter No. 2)
denied