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May 13, 2012
Daniel Weaver,
Albany CPS and Family Court Examiner |
Less than a week before Mother's Day, New York State's highest court,
the Court of Appeals, reversed a ruling by the Appellate Division,
Fourth Judicial Department that had affirmed a decision by Oneida County
Family Court Judge Joan E. Shkane, which said that Macquelyn M. and
Christopher G. had neglected their two children. Few neglect cases end
up in the Court of Appeals, but this one did after the parents appealed
the lower court's ruling. The decision by the Court of Appeals was
unanimous and simply stated that “The determinations of neglect against
Jacquelyn M. and Christopher G. are not supported by legally sufficient
evidence,” and offered no further comment.
The lower court, however, issued a four page decision on October 7, 2011, most of it taken up by Justice Smith's dissent. Smith was the only justice of the lower court who disagreed with the majority.
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The lower court, however, issued a four page decision on October 7, 2011, most of it taken up by Justice Smith's dissent. Smith was the only justice of the lower court who disagreed with the majority.
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