In re Jeffrey B.

Appellate Division of the Supreme Court of New York

In re Jeffrey B.

40 A.D.2d 1013, 339 N.Y.S.2d 650, 1972 N.Y. App. Div. LEXIS 3001

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

DecidedDecember 26, 1972

StatusPublished

Cited by1 cases

This text of 40 A.D.2d 1013 (In re Jeffrey 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 Jeffrey B., 40 A.D.2d 1013, 339 N.Y.S.2d 650, 1972 N.Y. App. Div. LEXIS 3001 (N.Y. Ct. App. 1972).

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Opinion

Appeal from an order of the Family Court, Queens County, dated August 17, 1972, which, after a prior determination that appellant is a person in need of supervision, directed that he be placed in the Goshen Annex of the New York State Training School for a period of up to 18 months. Order reversed, on the law, without costs, and new hearing ordered on the issue of placement. The appeal did not present questions of fact. Pending the entry of a new order determining the issue after the new hearing, appellant shall remain in the custody of the Goshen Annex of the New York State Training School, as upon a temporary placement. In our opinion, the Family Court abused its discretion when it denied the Law Guardian’s motion for an adjournment of the dispositional hearing. The court thereby prevented appellant from presenting testimony on his behalf. Furthermore, there is no proof in the record that appellant could be properly treated at the Goshen Annex. Munder, Acting P. J., Martuscello, Shapiro, Gulotta and Brennan, JJ., concur.

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Appeal from an order of the Family Court, Queens County, dated August 17, 1972, which, after a prior determination that appellant is a person in need of supervision, directed that he be placed in the Goshen Annex of the New York State Training School for a period of up to 18 months. Order reversed, on the law, without costs, and new hearing ordered on the issue of placement. The appeal did not present questions of fact. Pending the entry of a new order determining the issue after the new hearing, appellant shall remain in the custody of the Goshen Annex of the New York State Training School, as upon a temporary placement. In our opinion, the Family Court abused its discretion when it denied the Law Guardian’s motion for an adjournment of the dispositional hearing. The court thereby prevented appellant from presenting testimony on his behalf. Furthermore, there is no proof in the record that appellant could be properly treated at the Goshen Annex. Munder, Acting P. J., Martuscello, Shapiro, Gulotta and Brennan, JJ., concur.

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Bluebook (online)

40 A.D.2d 1013, 339 N.Y.S.2d 650, 1972 N.Y. App. Div. LEXIS 3001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jeffrey-b-nyappdiv-1972.

Opinion

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