In re John AA., 75 A.D.2d 910 (N.Y. App. Div. 1980). · Go Syfert
In re John AA., 75 A.D.2d 910 (N.Y. App. Div. 1980). Cases Citing This Book View Copy Cite
21 citation events (13 in the last 25 years) across 7 distinct courts.
Strongest positive: in the Interest of K.I.B.C., a Child (texapp, 2015-12-28)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) in the Interest of K.I.B.C., a Child
Tex. App. · 2015 · confidence medium
Petitioners appealed, again contesting the constitutionality of § 622's standard of proof.[6] The New York Supreme Court, Appellate Division, affirmed, holding application of the preponderance of the evidence standard "proper and constitutional." In re John AA, 75 App.Div.2d 910, 427 N.Y.S.2d 319, 320 (1980).
discussed Cited as authority (rule) in the Interest of A.G. and F.G., Children
Tex. App. · 2015 · confidence medium
Petitioners appealed, again contesting the constitutionality of § 622's standard of proof.[6] The New York Supreme Court, Appellate Division, affirmed, holding application of the preponderance of the evidence standard "proper and constitutional." In re John AA, 75 App.Div.2d 910, 427 N.Y.S.2d 319, 320 (1980).
discussed Cited as authority (rule) in the Interest of S. R.- M. C.
Tex. App. · 2015 · confidence medium
Petitioners appealed, again contesting the constitutionality of § 622's standard of proof.[6] The New York Supreme Court, Appellate Division, affirmed, holding application of the preponderance of the evidence standard "proper and constitutional." In re John AA, 75 App.Div.2d 910, 427 N.Y.S.2d 319, 320 (1980).
discussed Cited as authority (rule) Kingsley v. Kingsley
Fla. Dist. Ct. App. · 1993 · confidence medium
The Appellate Division approved New York's preponderance standard on the ground that it properly "balanced rights possessed by the child ... with those of the natural parents... ." [ In re John AA, 75 A.D.2d 910 , 427 N.Y.S.2d 319, 320 (N.Y.
Retrieving the full opinion text from the archive…
In the Matter of John AA. and Another, Children Alleged to be Permanently Neglected. Bernhardt S. Kramer, as Commissioner of the Ulster County Department of Social Services, Respondent John AA.
Appellate Division of the Supreme Court of the State of New York.
May 1, 1980.
75 A.D.2d 910
1980 N.Y. App. Div. LEXIS 11563
Cited by 13 opinions  |  Published

Appeal from a judgment of the Family Court of Ulster County, entered April 5, 1979, which adjudged appellants’ three children to be permanently neglected pursuant to article 6 of the Family Court Act. The sole contention upon this appeal is that section 622 of the Family Court Act is unconstitutional because the standard of proof required by the statute, a fair preponderance of the evidence, is so low that it deprives them of due process of law. In Matter of Anthony L. CC. (48 AD2d 415, 419), this court held that the level of proof required by section 622 was constitutional. In adhering to our decision, we note that the permanent neglect statute (Social Services Law, § 384-b; Family Ct Act, § 611 et seq.) recognizes and seeks to balance rights possessed by the child (see Social Services Law, § 384-b, subd 1; Matter of Bennett v Jeffreys, 40 NY2d 543, 546-547) with those of the natural parents (see Social Services Law, § 384-b, subd 1; Matter of Sanjivini K, 47 NY2d 374, 382; Matter of Corey L v Martin L, 45 NY2d 383, 392). Accordingly, application of the preponderance of evidence standard in such a proceeding involving these often conflicting rights is proper and constitutional. Judgment affirmed, without costs. Mahoney, P. J., Greenblott, Kane, Main and Mikoll, JJ., concur.