· 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).
Sourced from CourtListener / Free Law Project (CC0).
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