In re Harry

Appellate Division of the Supreme Court of New York

In re Harry

75 A.D.2d 609, 426 N.Y.S.2d 972, 1980 N.Y. App. Div. LEXIS 11062

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

DecidedApril 16, 1980

StatusPublished

This text of 75 A.D.2d 609 (In re Harry) 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 Harry, 75 A.D.2d 609, 426 N.Y.S.2d 972, 1980 N.Y. App. Div. LEXIS 11062 (N.Y. Ct. App. 1980).

Pincite

Opinion

Appeal from an order of the Family Court, Nassau County, entered March 26, 1980, which, inter alia, revoked appellant’s probation and ordered that he be placed in the custody of the Nassau County Department of Social Services for placement at Berkshire Farm Center and Services for Youth. Order reversed, as a matter of discretion in the interest of justice, without costs or disbursements, and it is directed that the appellant be restored to probation forthwith, in accordance with the order of disposition, dated January 11, 1980, and the matter is remanded to the Family Court, Nassau County, for further proceedings consistent herewith. After a hearing held on March 14,1980, which resulted in the order under review, new evidence was discovered which might have brought about a different determination. During oral argument before this court, the appellant’s Law Guardian and the County Attorney conceded that it would be in the best interest of the child to hold a dispositional hearing. We agree and remand for such a hearing at which time the newly discovered evidence can be considered. Hopkins, J. P., Titone, Lazer and Gibbons, JJ., concur.

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Appeal from an order of the Family Court, Nassau County, entered March 26, 1980, which, inter alia, revoked appellant’s probation and ordered that he be placed in the custody of the Nassau County Department of Social Services for placement at Berkshire Farm Center and Services for Youth. Order reversed, as a matter of discretion in the interest of justice, without costs or disbursements, and it is directed that the appellant be restored to probation forthwith, in accordance with the order of disposition, dated January 11, 1980, and the matter is remanded to the Family Court, Nassau County, for further proceedings consistent herewith. After a hearing held on March 14,1980, which resulted in the order under review, new evidence was discovered which might have brought about a different determination. During oral argument before this court, the appellant’s Law Guardian and the County Attorney conceded that it would be in the best interest of the child to hold a dispositional hearing. We agree and remand for such a hearing at which time the newly discovered evidence can be considered. Hopkins, J. P., Titone, Lazer and Gibbons, JJ., concur.

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Bluebook (online)

75 A.D.2d 609, 426 N.Y.S.2d 972, 1980 N.Y. App. Div. LEXIS 11062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-harry-nyappdiv-1980.