In re Brandon B.

Appellate Division of the Supreme Court of New York

In re Brandon B.

272 A.D.2d 953, 708 N.Y.S.2d 652, 2000 N.Y. App. Div. LEXIS 8734

Appellate Division of the Supreme Court of the State of New York·Decided May 10, 2000·Published·Cited by 1 cases

Opinion

—Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings on the petition. Memorandum: Family Court erred in ordering this neglect proceeding adjourned in contemplation of dismissal. Such an adjournment may not be ordered without the consent of petitioner (see, Family Ct Act § 1039 [a]; Matter of Regina X., 132 AD2d 666; Matter of Amlinger v Amlinger, 73 AD2d 1047). (Appeal from Order of Erie County Family Court, Battle, J.— Neglect.) Present — Pine, J. P., Hayes, Scudder and Kehoe, JJ.

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—Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings on the petition. Memorandum: Family Court erred in ordering this neglect proceeding adjourned in contemplation of dismissal. Such an adjournment may not be ordered without the consent of petitioner (see, Family Ct Act § 1039 [a]; Matter of Regina X., 132 AD2d 666; Matter of Amlinger v Amlinger, 73 AD2d 1047). (Appeal from Order of Erie County Family Court, Battle, J.— Neglect.) Present — Pine, J. P., Hayes, Scudder and Kehoe, JJ.

In re Brandon B., 272 A.D.2d 953, 708 N.Y.S.2d 652, 2000 N.Y. App. Div. LEXIS 8734 (N.Y. Ct. App. 2000).

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Opinion

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