G Cite
cited 3× by 3 distinct cases ·
…demonstrated that he has no interest in learning about the child's conditions and needs and how to treat them
⚠ not in text
Topic ↗
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001
2013
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Donegan v. Torres
We therefore conclude that there is a sound and substantial basis in the record for the court’s determination that, in light of her untreated mental health condition, the mother was unfit to act as a custodial parent (see Matter of Miller v Orbaker, 17 AD3d 1145, 1146 [2005], lv denied 5 NY3d 714 [2005]; see generally Matter of Cool v Malone, 66 AD3d 1171, 1173 [2009]; Matter of Pamela S.S. v Charles E., 280 AD2d 999, 1000 [2001]).
discussed
Cited as authority (rule)
Suarez v. Williams
We perceive no reason to disturb the court’s credibility determinations (see Matter of Terry L.G., 6 AD3d 1144, 1145 [2004]; Matter of Pamela S.S. v Charles E., 280 AD2d 999, 1000 [2001]), and we therefore summarize the facts as presented primarily by petitioners and their witnesses.
discussed
Cited as authority (rule)
Suarez v. Williams
We perceive no reason to disturb the court’s credibility determinations (see Matter of Terry L.G., 6 AD3d 1144, 1145 [2004]; Matter of Pamela S.S. v Charles E., 280 AD2d 999, 1000 [2001]), and we therefore summarize the facts as presented primarily by petitioners and their witnesses.
discussed
Cited as authority (rule)
Donegan v. Torres
We therefore conclude that there is a sound and substantial basis in the record for the court’s determination that, in light of her untreated mental health condition, the mother was unfit to act as a custodial parent (see Matter of Miller v Orbaker, 17 AD3d 1145, 1146 [2005], lv denied 5 NY3d 714 [2005]; see generally Matter of Cool v Malone, 66 AD3d 1171, 1173 [2009]; Matter of Pamela S.S. v Charles E., 280 AD2d 999, 1000 [2001]).
discussed
Cited as authority (rule)
Komenda v. Dininny
Here, the record establishes that the father had a history of alcohol, substance, and prescription drug abuse; that he used heroin during the period of time that he had custody of the subject child; and that he ultimately lost custody of the child due to his drug use (see Matter of Beth M. v Susan T., 81 AD3d 1396, 1397 [2011]; Matter of Pamela S.S. v Charles E., 280 AD2d 999, 1000 [2001]).
discussed
Cited as authority (rule)
Komenda v. Dininny
Here, the record establishes that the father had a history of alcohol, substance, and prescription drug abuse; that he used heroin during the period of time that he had custody of the subject child; and that he ultimately lost custody of the child due to his drug use (see Matter of Beth M. v Susan T., 81 AD3d 1396, 1397 [2011]; Matter of Pamela S.S. v Charles E., 280 AD2d 999, 1000 [2001]).
discussed
Cited as authority (rule)
Katherine D. v. Lawrence D.
The testimony of petitioner established that extraordinary circumstances exist in that petitioner is unfit to care for the child (see Matter of Miller v Orbaker, 17 AD3d 1145, 1146 [2005], lv denied 5 NY3d 714 [2005]; Matter of Pamela S.S. v Charles E., 280 AD2d 999, 1000 [2001]).
discussed
Cited as authority (rule)
Carl F. v. New York State Office of Children & Family Services
“Upon our review of the record, we conclude that the determination that petitioner committed acts of maltreatment is not supported by substantial evidence” (Matter of Beth G. v Johnson, 280 AD2d 999, 999 [2001]; see Matter of Jacqueline G. v Peters, 292 AD2d 785 [2002]).
cited
Cited as authority (rule)
Eleanore B.R. v. Shandy S.
Matter of Pamela S.S. v Charles E., 280 AD2d 999, 1000 [2001]; Matter of Michael G.B. v Angela L.B., 219 AD2d 289, 291-295 [1996]; see generally Matter of Bennett v Jeffreys, 40 NY2d 543 [1976]).
cited
Cited "see"
Jacqueline G. v. Peters
Assoc. v State Div. of Human Rights, 45 NY2d 176,180 ; see, Matter of Beth G. v Johnson, 280 AD2d 999 ; see generally, Matter of Berenhaus v Ward, 70 NY2d 436, 443 ).
discussed
Cited "see, e.g."
Lucore v. Lucore
Thus, the court properly considered the best interests of the children (see, Matter of Bennett v Jeffreys, 40 NY2d 543, 544 ; see also, Matter of Pamela S. S. v Charles E., 280 AD2d 999 [decided herewith]), and the record supports the court’s determination that the best interests of the children are served by the award of custody to petitioner (see, Matter of Paul C. v Tracy C., 209 AD2d 955, 956 ).
Retrieving the full opinion text from the archive…
In the Matter of Beth G.
v.
John A. Johnson, as Commissioner of State of New York Office of Children and Family Services
v.
John A. Johnson, as Commissioner of State of New York Office of Children and Family Services
Appellate Division of the Supreme Court of the State of New York.
Feb 7, 2001.
Cited by 2 opinions | Published
—Determination unanimously annulled on the law with costs and petition granted in accordance with the following Memorandum: In this CPLR article 78 proceeding transferred to our Court pursuant to CPLR 7804 (g), petitioner challenges the determination, made following a fair hearing, that denied her application to amend and seal a report to the State Central Register indicating that petitioner had maltreated her infant son (see, Social Services Law § 422 [8] [b], [c]). Upon our review of the record, we conclude that the determination that petitioner committed acts of maltreatment is not supported by substantial evidence (see, Matter of Burks v Wing, 242 AD2d 624, 624-625; Matter of Hulten v Department of Social Servs., 215 AD2d 559; Matter of Bertuzzi v Bane, 212 AD2d 784). Thus, we annul the determination, grant the petition and direct that the indicated report be amended and sealed. (CPLR art 78 Proceeding Transferred by Order of Supreme Court, Chautauqua Comity, Gerace, J.) Present — Wisner, J. P., Hurlbutt, Scudder, Kehoe and Burns, JJ.