In re Josh Ray O.

Appellate Division of the Supreme Court of New York

In re Josh Ray O.

267 A.D.2d 1048, 700 N.Y.S.2d 914, 1999 N.Y. App. Div. LEXIS 13835

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

DecidedDecember 30, 1999

DocketAppeal No. 1

StatusPublished

Cited by6 cases

This text of 267 A.D.2d 1048 (In re Josh Ray O.) 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 Josh Ray O., 267 A.D.2d 1048, 700 N.Y.S.2d 914, 1999 N.Y. App. Div. LEXIS 13835 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in revoking the orders of suspended judgment (see, Family Ct Act § 633) without conducting a hearing pursuant to 22 NYCRR 205.50 (d) (4). Unless there is language to the contrary contained in an order. of suspended judgment (see, e.g., Matter of Jennifer D., 172 AD2d 1023; Matter of Townsend, 104 Mise 2d 927, 928), the expiration of the period of suspension does not result in an automatic termination of parental rights (see, Commissioner of Social Servs. [T./C. Children] v Rufelle C., 156 Mise 2d 410, 414; Carrieri, Supp Practice Commentaries, McKinney’s Cons Laws of NY, Book 52A, Social Services Law § 384-b, 1999-2000 Interim Pocket Part, at 235-236). We remit the matters to Erie County Family Court for a hearing before another Judge on the petition filed by the Erie County Department of Social Services pursuant to 22 NYCRR 205.50 (d) (1). (Appeal from Order of Erie County Family Court, Mix, J. — Terminate Parental Rights.) Present — Pine, J. P., Lawton, Wisner, Hurlbutt and Balio, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in revoking the orders of suspended judgment (see, Family Ct Act § 633) without conducting a hearing pursuant to 22 NYCRR 205.50 (d) (4). Unless there is language to the contrary contained in an order. of suspended judgment (see, e.g., Matter of Jennifer D., 172 AD2d 1023; Matter of Townsend, 104 Mise 2d 927, 928), the expiration of the period of suspension does not result in an automatic termination of parental rights (see, Commissioner of Social Servs. [T./C. Children] v Rufelle C., 156 Mise 2d 410, 414; Carrieri, Supp Practice Commentaries, McKinney’s Cons Laws of NY, Book 52A, Social Services Law § 384-b, 1999-2000 Interim Pocket Part, at 235-236). We remit the matters to Erie County Family Court for a hearing before another Judge on the petition filed by the Erie County Department of Social Services pursuant to 22 NYCRR 205.50 (d) (1). (Appeal from Order of Erie County Family Court, Mix, J. — Terminate Parental Rights.) Present — Pine, J. P., Lawton, Wisner, Hurlbutt and Balio, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

267 A.D.2d 1048, 700 N.Y.S.2d 914, 1999 N.Y. App. Div. LEXIS 13835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-josh-ray-o-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack