In re Brandon C.

Appellate Division of the Supreme Court of New York

In re Brandon C.

219 A.D.2d 871, 632 N.Y.S.2d 43, 1995 N.Y. App. Div. LEXIS 11037

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 29, 1995

StatusPublished

This text of 219 A.D.2d 871 (In re Brandon C.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Brandon C., 219 A.D.2d 871, 632 N.Y.S.2d 43, 1995 N.Y. App. Div. LEXIS 11037 (N.Y. Ct. App. 1995).

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Opinion

Order unanimously reversed on the law without costs and matter remitted to Oneida County Family Court for further proceedings in accordance with the following Memorandum: In this neglect proceeding, Family Court erred in ordering that an adjournment in contemplation of dismissal be extended for six months over the objection of the Law Guardian. Such an adjournment may not be ordered without the consent of the child’s attorney or Law Guardian (see, Family Ct Act § 1039 [a]; Matter of Gary B., 101 AD2d 1026; Matter of Amlinger v Amlinger, 73 AD2d 1047). (Appeal from Order of Oneida County Family Court, Cook, J. — Neglect.) Present — Denman, P. J., Green, Fallon, Balio and Boehm, JJ.

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Order unanimously reversed on the law without costs and matter remitted to Oneida County Family Court for further proceedings in accordance with the following Memorandum: In this neglect proceeding, Family Court erred in ordering that an adjournment in contemplation of dismissal be extended for six months over the objection of the Law Guardian. Such an adjournment may not be ordered without the consent of the child’s attorney or Law Guardian (see, Family Ct Act § 1039 [a]; Matter of Gary B., 101 AD2d 1026; Matter of Amlinger v Amlinger, 73 AD2d 1047). (Appeal from Order of Oneida County Family Court, Cook, J. — Neglect.) Present — Denman, P. J., Green, Fallon, Balio and Boehm, JJ.

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Bluebook (online)

219 A.D.2d 871, 632 N.Y.S.2d 43, 1995 N.Y. App. Div. LEXIS 11037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brandon-c-nyappdiv-1995.

Opinion

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