In re Brian H.

Appellate Division of the Supreme Court of New York

In re Brian H.

25 A.D.3d 739, 807 N.Y.S.2d 568

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

DecidedJanuary 26, 2006

StatusPublished

This text of 25 A.D.3d 739 (In re Brian H.) 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 Brian H., 25 A.D.3d 739, 807 N.Y.S.2d 568 (N.Y. Ct. App. 2006).

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Opinion

In two related child protective proceedings pursuant to Family Court Act article 10, Jose V appeals from an order of the Family Court, Kings County (Hamill, J.), dated August 31, 2004, which denied his motion to vacate an order of disposition of the same court dated January 13, 2004, entered upon his default in appearing at the dispositional hearing, inter alia, placing Jose V under the supervision of the Administration of Children’s Services for a period of 12 months, awarding him only bi-weekly supervised visitation, and placing the child in the custody of the Commissioner of Social Services of Kings County, for a period of one year effective December 11, 2003.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly denied the appellant’s motion to vacate the order of disposition dated January 13, 2004, entered upon his default in appearing at the dispositional hearing. Under the circumstances of this case, the Family Court correctly concluded that the appellant “willfully refused to appear at the hearing” (Family Ct Act § 1042; see Matter of Clifford J., 238 AD2d 244 [1997]).

The appellant’s remaining contentions are without merit. Cozier, J.P., Santucci, Spolzino and Skelos, JJ., concur.

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In two related child protective proceedings pursuant to Family Court Act article 10, Jose V appeals from an order of the Family Court, Kings County (Hamill, J.), dated August 31, 2004, which denied his motion to vacate an order of disposition of the same court dated January 13, 2004, entered upon his default in appearing at the dispositional hearing, inter alia, placing Jose V under the supervision of the Administration of Children’s Services for a period of 12 months, awarding him only bi-weekly supervised visitation, and placing the child in the custody of the Commissioner of Social Services of Kings County, for a period of one year effective December 11, 2003.

Ordered that the order is affirmed, without costs or disbursements.

The Family Court properly denied the appellant’s motion to vacate the order of disposition dated January 13, 2004, entered upon his default in appearing at the dispositional hearing. Under the circumstances of this case, the Family Court correctly concluded that the appellant “willfully refused to appear at the hearing” (Family Ct Act § 1042; see Matter of Clifford J., 238 AD2d 244 [1997]).

The appellant’s remaining contentions are without merit. Cozier, J.P., Santucci, Spolzino and Skelos, JJ., concur.

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Bluebook (online)

25 A.D.3d 739, 807 N.Y.S.2d 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brian-h-nyappdiv-2006.

Opinion

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