New York Court of Appeals
In the Matter of Suffolk County Department of Social Services v. and Another, Children Alleged…
February 15, 199483 N.Y.2d 178
Summary
The New York Court of Appeals affirmed the Appellate Division’s grant of summary judgment finding Nicholas V. an abused child and Michael V. a neglected child, holding that summary judgment is permissible in Family Court Act article 10 proceedings and that a criminal conviction can serve as conclusive proof under collateral estoppel. The Court, however, reversed the Family Court’s failure to hold a required dispositional hearing and remanded the matter for such a hearing.