MATTER OF TRENASIA J.

No. 30

25 N.Y.3d 1001 (2015)

32 N.E.3d 377

10 N.Y.S.3d 162

2015 NY Slip Op 03765

In the Matter of TRENASIA J., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; FRANK J., Appellant. (Proceeding No. 1.) In the Matter of RAYMOND J., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; FRANK J., Appellant. (Proceeding No. 2.) In the Matter of TAVIA J., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; FRANK J., Appellant. (Proceeding No. 3.) In the Matter of BRIJE D., an Infant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; FRANK J., Appellant. (Proceeding No. 4.)

Court of Appeals of New York.

Decided May 5, 2015.


Attorney(s) appearing for the Case

Maxine H. Park , New York City, for appellant.

Zachary W. Carter , Corporation Counsel, New York City ( Kathy Chang Park , Richard Dearing and Larry A. Sonnenshein of counsel), for respondent.

Karen P. Simmons , The Children's Law Center, Brooklyn ( Barbara H. Dildine and Janet Neustaetter of counsel), Attorney for the J. Children.

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Marcia Egger and Tamara A. Steckler of counsel), Attorney for the Child Brije D.

Lansner & Kubitschek, New York City ( David J. Lansner of counsel), and The Bronx Defenders, Bronx ( Emma S. Ketteringham and Saul Zipkin of counsel), for The Bronx Defenders and others, amici curiae.

Judges READ, PIGOTT, ABDUS-SALAAM and FAHEY concur; Judge RIVERA dissents in part in an opinion in which Chief Judge LIPPMAN and Judge STEIN concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

The primary issue in this appeal is whether appellant Frank J. was a "person legally responsible" (PLR) as defined by Family Court Act § 1012 (g) and our decision in Matter of Yolanda D. (88 N.Y.2d 790 [1996]). We agree with the Appellate Division, and disagree with the dissent, that the evidence...

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