33 Cited authorities

  1. Bell v. Wolfish

    441 U.S. 520 (1979)   Cited 14,292 times   10 Legal Analyses
    Holding that a "prohibition against receipt of hardback books unless mailed directly from publishers, book clubs, or bookstores does not violate the First Amendment rights of MCC inmates"
  2. Griffin v. Oceanic Contractors, Inc.

    458 U.S. 564 (1982)   Cited 1,180 times   2 Legal Analyses
    Holding that a court has no discretion in the assessment of the double-wage penalty
  3. Eschbach v. Eschbach

    56 N.Y.2d 167 (N.Y. 1982)   Cited 2,389 times
    Discussing N.Y. Dom. Rel. Law § 70
  4. Matter of Tropea v. Tropea

    87 N.Y.2d 727 (N.Y. 1996)   Cited 717 times
    Rejecting presumptions and holding that relocation request must be considered in totality of circumstances "with predominant emphasis ... placed on what outcome is most likely to serve the best interests of the child"
  5. Negonsott v. Samuels

    507 U.S. 99 (1993)   Cited 226 times
    Holding that the Kansas Act "unambiguously confers jurisdiction on Kansas to prosecute all offenses — major and minor — committed by or against Indians on Indian reservations in accordance with state law."
  6. Nicholson v. Scoppetta

    3 N.Y.3d 357 (N.Y. 2004)   Cited 468 times
    In Nicholson, we rejected use of a presumption of neglect where a parent had allowed a child to witness domestic violence, holding that this bare allegation did not meet the Family Court Act's requirements (see 3 NY3d at 371).
  7. Kurcsics v. Merchants Mut

    49 N.Y.2d 451 (N.Y. 1980)   Cited 592 times
    In Kurcsics, the court construed the phrase "first party benefits", contained in section 671 of the Insurance Law, as it related to no-fault insurance protection.
  8. In Matter of Afton C. v. James C.

    2011 N.Y. Slip Op. 3674 (N.Y. 2011)   Cited 127 times
    In Afton, the Cabinet proved only: a prior conviction for a sex crime; classification as a sex offender; failure to enter SOTP; and, residence in the family home.
  9. Raritan Development Corp. v. Silva

    91 N.Y.2d 98 (N.Y. 1997)   Cited 178 times
    In Raritan, the "BSA's interpretation [of the Zoning Resolution] conflict[ed] with the plain statutory language" and, thus, the Court of Appeals found that the BSA' s interpretation could not be sustained (Raritan, 91 N.Y.2d at 103).
  10. Boreali v. Axelrod

    71 N.Y.2d 1 (N.Y. 1987)   Cited 220 times   3 Legal Analyses
    In Boreali v. Axelrod, 71 N.Y.2d 1 (1987), the high court invalidated antismoking regulations promulgated by the Public Health Council ("PHC") on the ground that the detailed regulatory scheme exceeded the PHC's statutory authority over matters affecting the public health.
  11. Section 631 - Disposition on adjudication of permanent neglect

    N.Y. Fam. Ct. Act § 631   Cited 422 times

    At the conclusion of a dispositional hearing on a petition for the commitment of the guardianship and custody of a child, the court shall enter an order of disposition: (a) dismissing the petition in accord with section six hundred thirty-two; or (b) suspending judgment in accord with section six hundred thirty-three; or (c) committing the guardianship and custody of the child in accord with section six hundred thirty-four; provided, however, that an order of disposition committing the guardianship

  12. Section 301.1 - Purpose

    N.Y. Fam. Ct. Act § 301.1   Cited 43 times

    The purpose of this article is to establish procedures in accordance with due process of law (a) to determine whether a person is a juvenile delinquent and (b) to issue an appropriate order of disposition for any person who is adjudged a juvenile delinquent. In any proceeding under this article, the court shall consider the needs and best interests of the respondent as well as the need for protection of the community. N.Y. Family Court Law § 301.1

  13. Section 1085 - Visitation and custody rights unenforceable; murder of parent, custodian, guardian, or child

    N.Y. Fam. Ct. Act § 1085   Cited 15 times

    1. No visitation or custody order shall be enforceable under this part by a person who has been convicted of murder in the first or second degree in this state, or convicted of an offense in another jurisdiction which, if committed in this state, would constitute either murder in the first or second degree, of a parent, legal custodian, legal guardian, sibling, half-sibling or step-sibling of the child unless: (i) (A) such child is of suitable age to signify assent and such child assents to such

  14. Section 1028-A - Application of a relative to become a foster parent

    N.Y. Fam. Ct. Act § 1028-A   Cited 9 times

    (a) Upon the application of a relative to become a foster parent of a child in foster care, the court shall, subject to the provisions of this subdivision, hold a hearing to determine whether the child should be placed with a relative in foster care. Such hearing shall only be held if: (i) the person is related to the child as described under paragraph (a), (b), or (c) of subdivision three of section four hundred fifty-eight-a of the social services law; (ii) the child has been temporarily removed

  15. Section 637 - Burden of proof, disposition and findings

    N.Y. Fam. Ct. Act § 637

    (a) The petitioner shall have the burden of proof by clear and convincing evidence that restoration of parental rights is in the child's best interests, that the requirements of section six hundred thirty-five of this part have been met and that all of the parties and the child have consented or, if the petitioner in the proceeding in which guardianship and custody have been committed failed to consent to the relief requested, that such failure was without good cause. (b) The court shall state on