In re Felicia R.

Appellate Division of the Supreme Court of New York

In re Felicia R.

92 A.D.2d 743, 461 N.Y.S.2d 85, 1983 N.Y. App. Div. LEXIS 17066

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

DecidedFebruary 28, 1983

StatusPublished

This text of 92 A.D.2d 743 (In re Felicia R.) 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 Felicia R., 92 A.D.2d 743, 461 N.Y.S.2d 85, 1983 N.Y. App. Div. LEXIS 17066 (N.Y. Ct. App. 1983).

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Opinion

— Order unanimously affirmed, without costs. Memorandum: We conclude that the court acted within its discretion in committing the appellant to jail for 30 days for willful violation of its order of protection. We find no merit in appellant’s argument that the trial court lacked authority under section 1072 of the Family Court Act to imprison her for contempt because she had already removed the child from the home. The removal was temporary under section 1027 of the Family Court Act and was not one of the alternative dispositions provided by section 1072, which could only be made after a full hearing. (Appeal from order of Monroe County Family Court, Bonadio, J. — contempt.) Present — Dillon, P. J., Callahan, Doerr, Boomer and Moule, JJ.

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— Order unanimously affirmed, without costs. Memorandum: We conclude that the court acted within its discretion in committing the appellant to jail for 30 days for willful violation of its order of protection. We find no merit in appellant’s argument that the trial court lacked authority under section 1072 of the Family Court Act to imprison her for contempt because she had already removed the child from the home. The removal was temporary under section 1027 of the Family Court Act and was not one of the alternative dispositions provided by section 1072, which could only be made after a full hearing. (Appeal from order of Monroe County Family Court, Bonadio, J. — contempt.) Present — Dillon, P. J., Callahan, Doerr, Boomer and Moule, JJ.

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Bluebook (online)

92 A.D.2d 743, 461 N.Y.S.2d 85, 1983 N.Y. App. Div. LEXIS 17066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-felicia-r-nyappdiv-1983.