In re Kelly Ann M.

Appellate Division of the Supreme Court of New York

In re Kelly Ann M.

40 A.D.2d 546, 334 N.Y.S.2d 204, 1972 N.Y. App. Div. LEXIS 3984

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

DecidedJuly 13, 1972

StatusPublished

Cited by1 cases

This text of 40 A.D.2d 546 (In re Kelly Ann M.) 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 Kelly Ann M., 40 A.D.2d 546, 334 N.Y.S.2d 204, 1972 N.Y. App. Div. LEXIS 3984 (N.Y. Ct. App. 1972).

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Opinion

In two proceedings pursuant to the Family Court Act charging respondent with neglect of her two children, the children’s Law Guardian appeals from an order of the Family Court, Westchester County, dated June 14, 1971, which dismissed the petitions and directed that the children be returned to respondent. Order modified, in the interests of justice, by deleting therefrom the direction that the children be returned to respondent and substituting therefor a provision directing that a new dispositional hearing on the issue of custody of the children be held. As so modified, order affirmed, without costs. The two children, who are of tender years (5% and 6%), have been residing with their paternal grandparents since January, 1970. In view of the lapse of time since then, we are of the opinion that a new hearing is now mandated on the question of custody. Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur. •

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In two proceedings pursuant to the Family Court Act charging respondent with neglect of her two children, the children’s Law Guardian appeals from an order of the Family Court, Westchester County, dated June 14, 1971, which dismissed the petitions and directed that the children be returned to respondent. Order modified, in the interests of justice, by deleting therefrom the direction that the children be returned to respondent and substituting therefor a provision directing that a new dispositional hearing on the issue of custody of the children be held. As so modified, order affirmed, without costs. The two children, who are of tender years (5% and 6%), have been residing with their paternal grandparents since January, 1970. In view of the lapse of time since then, we are of the opinion that a new hearing is now mandated on the question of custody. Rabin, P. J., Hopkins, Munder, Latham and Shapiro, JJ., concur. •

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Bluebook (online)

40 A.D.2d 546, 334 N.Y.S.2d 204, 1972 N.Y. App. Div. LEXIS 3984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kelly-ann-m-nyappdiv-1972.

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