In re Freeman B.

Appellate Division of the Supreme Court of New York

In re Freeman B.

93 A.D.2d 997, 461 N.Y.S.2d 743, 1983 N.Y. App. Div. LEXIS 17918

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

DecidedApril 1, 1983

StatusPublished

Cited by2 cases

This text of 93 A.D.2d 997 (In re Freeman B.) 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 Freeman B., 93 A.D.2d 997, 461 N.Y.S.2d 743, 1983 N.Y. App. Div. LEXIS 17918 (N.Y. Ct. App. 1983).

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Opinion

— Order unanimously reversed, without costs, and petition dismissed. Memorandum: Upon a review of the record, we determine that the testimony of the petitioner concerning her son’s failure “to come home on time” was not sufficiently specific to constitute proof beyond a reasonable doubt that the respondent was “incorrigible, ungovernable or habitually disobedient and beyond the lawful control of parent” (Family Ct Act, § 712, subd [b]; Matter of Richard S., 27 NY2d 802; Matter of David N., 92 AD2d 739). We determine also that there was no competent evidence of truancy. (Appeal from order of Erie County Family Court, Sedita, J. — Family Ct Act, art 7.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.

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— Order unanimously reversed, without costs, and petition dismissed. Memorandum: Upon a review of the record, we determine that the testimony of the petitioner concerning her son’s failure “to come home on time” was not sufficiently specific to constitute proof beyond a reasonable doubt that the respondent was “incorrigible, ungovernable or habitually disobedient and beyond the lawful control of parent” (Family Ct Act, § 712, subd [b]; Matter of Richard S., 27 NY2d 802; Matter of David N., 92 AD2d 739). We determine also that there was no competent evidence of truancy. (Appeal from order of Erie County Family Court, Sedita, J. — Family Ct Act, art 7.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.

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93 A.D.2d 997, 461 N.Y.S.2d 743, 1983 N.Y. App. Div. LEXIS 17918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-freeman-b-nyappdiv-1983.

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