In re Alethea B.

Appellate Division of the Supreme Court of New York

In re Alethea B.

117 A.D.2d 985, 499 N.Y.S.2d 287, 1986 N.Y. App. Div. LEXIS 53222

Appellate Division of the Supreme Court of the State of New York·Decided February 21, 1986·Published·Cited by 1 cases

Opinion

—Order unanimously reversed, on the law, without costs, and matter remitted to Erie County Family Court for a hearing and further proceedings not inconsistent with the following memorandum: Family Court erred in sentencing appellant for failing to comply with the terms and conditions of a temporary order of protection (Family Ct Act § 1072 [b]). Appellant was not present nor advised of his right to be heard and to present witnesses (see, Matter of Ryan v Ryan, 42 AD2d 733). (Appeal from order of Erie County Family Court, Killeen, J.—violation of order of protection.) Present—Doerr, J. P., Denman, Green, O’Donnell and Schnepp, JJ.

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—Order unanimously reversed, on the law, without costs, and matter remitted to Erie County Family Court for a hearing and further proceedings not inconsistent with the following memorandum: Family Court erred in sentencing appellant for failing to comply with the terms and conditions of a temporary order of protection (Family Ct Act § 1072 [b]). Appellant was not present nor advised of his right to be heard and to present witnesses (see, Matter of Ryan v Ryan, 42 AD2d 733). (Appeal from order of Erie County Family Court, Killeen, J.—violation of order of protection.) Present—Doerr, J. P., Denman, Green, O’Donnell and Schnepp, JJ.

In re Alethea B., 117 A.D.2d 985, 499 N.Y.S.2d 287, 1986 N.Y. App. Div. LEXIS 53222 (N.Y. Ct. App. 1986).

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Opinion

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