Is a motion for summary judgement required in the new rule as to the quantum of proof in termination cases?
"New York", United States of America
The following excerpt is from Deborah S., Matter of, 115 Misc.2d 177, 453 N.Y.S.2d 1007 (N.Y. Fam. Ct. 1982):
Despite the above points in favor of petitioner's motion for summary judgement, its denial is required in this court's opinion because of the new rule as to the quantum of proof in termination cases established by Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982).
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