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John Lehmann v. Nicole Haims

Paid petition · Appellate Division, Supreme Court of New York, Second Judicial Department, No. 2018-00090 · judgment April 24, 2019

Certiorari denied · April 27, 2020

Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Did the New York courts’ decisions to deprive a child’s only living natural parent of physical and legal custody of his child, while granting such to a maternal non-parent relative, violate the parent and his child’s constitutionally protected fundamental and natural (as opposed to state granted) rights?
Is the scope of fundamental and natural rights a substantial constitutional issue?
Was there “clear and convincing” evidence of extraordinary circumstances in the record sufficient to terminate Lehmann’s parental rights at the time of the closing of the record?

For petitioner
John Lehmann

For respondent
Lisa Zeiderman
Miller Zeiderman & Wiederkehr LLP

Conference history
Distributed for 1 conference

Apr 27 2020
Petition DENIED.
Apr 08 2020
DISTRIBUTED for Conference of 4/24/2020.
Apr 01 2020
Reply of petitioner John Lehmann filed.
Mar 19 2020
Brief of respondent Nicole Haims in opposition filed.
Feb 07 2020
Motion to extend the time to file a response is granted and the time is extended to and including March 19, 2020.
Feb 03 2020
Motion of Nicole Haims for an extension of time not accepted for filing. (February 03, 2020 - Corrected version to be submitted)
Feb 03 2020
Motion to extend the time to file a response from February 18, 2020 to March 19, 2020, submitted to The Clerk.
Jan 13 2020
Petition for a writ of certiorari filed. (Response due February 18, 2020)