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In re Maria Q.

52 A.D.2d 607, 382 N.Y.S.2d 107, 1976 N.Y. App. Div. LEXIS 12224
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 12, 1976
StatusPublished
Cited by11 cases

This text of 52 A.D.2d 607 (In re Maria Q.) 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 Maria Q., 52 A.D.2d 607, 382 N.Y.S.2d 107, 1976 N.Y. App. Div. LEXIS 12224 (N.Y. Ct. App. 1976).

Opinion

In child neglect proceedings pursuant to article 10 of the Family Court Act, the appeals are from two modified orders of disposition (one as to each child) of the Family Court, Rockland County, each dated June 27, 1975, each of which granted custody of a child to the Department of Social Services for one year. Orders reversed, on the law, with costs, and proceeding remitted to the Family Court for a hearing to determine whether appellant willfully violated the order of supervision without just cause. The findings of fact were not reviewed. Absent unusual, justifiable circumstances, one’s rights should not be terminated without his presence at the hearing (Matter of Cecilia R., 36 NY2d 317). Petitioner was unjustifiably denied the right to present testimony and cross-examine witnesses before the termination of her custodial rights. We note that hearings on alleged violations of supervision orders are properly conducted pursuant to section 1072 of the Family Court Act and not pursuant to section 1061 thereof. Cohalan, Acting P. J., Margett, Damiani, Rabin and Titone, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
52 A.D.2d 607, 382 N.Y.S.2d 107, 1976 N.Y. App. Div. LEXIS 12224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-maria-q-nyappdiv-1976.