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Matter of Christa

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 27, 1987
127 A.D.2d 997 (N.Y. App. Div. 1987)

Opinion

February 27, 1987

Appeal from the Onondaga County Family Court, McLaughlin, J.

Present — Callahan, J.P., Doerr, Green, Pine and Davis, JJ.


Order unanimously reversed on the law without costs and matter remitted to Onondaga County Family Court for further proceedings, in accordance with the following memorandum: The court erred in granting the motion of respondents to dismiss the petition charging educational neglect for failure to make out a prima facie case (see, Family Ct Act § 1012 [f] [i] [A]).

Proof that a minor child is not attending a public or parochial school in the district where the parents reside makes out a prima facie case of educational neglect, pursuant to section 3212 (2) (d) of the Education Law. Once such proof is established, it is incumbent upon the respondent parent to go forward with evidence that the minor is attending school and receiving the required instruction in another place (Matter of Thomas H., 78 Misc.2d 412).


Summaries of

Matter of Christa

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 27, 1987
127 A.D.2d 997 (N.Y. App. Div. 1987)
Case details for

Matter of Christa

Case Details

Full title:In the Matter of CHRISTA H. and Another, Children Alleged to be Neglected

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 27, 1987

Citations

127 A.D.2d 997 (N.Y. App. Div. 1987)

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