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· 1/22/2020

Matter of Tuckahoe Common Sch. Dist. v. Town of Southampton

Citations

  • 179 A.D.3d 929
  • 116 N.Y.S.3d 702
  • 2020 NY Slip Op 418

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • declining to consider an argument because, even if correct, “it can have no impact here, adverse or otherwise”
  • omitted finding may be implied where it is clear from the remaining findings and circumstances that the missing finding was \actually intended\ by the court
  • the State must prove “each” of the six termination factors “clearly, cogently, and convincingly”
  • an appellate court can infer the omitted finding “if—but only if,” it is clear from the record that the omitted finding “was actually intended, and thus made, by the trial court”
  • parent has due process right not to have parental rights terminated in absence of finding that he orshe is currently unfit, and only once court has found unfitness may it consider child's best interests

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.