In re Mariahrae C.

Appellate Division of the Supreme Court of New York

In re Mariahrae C.

118 A.D.3d 698, 986 N.Y.S.2d 348

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

DecidedJune 4, 2014

StatusPublished

This text of 118 A.D.3d 698 (In re Mariahrae C.) 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 Mariahrae C., 118 A.D.3d 698, 986 N.Y.S.2d 348 (N.Y. Ct. App. 2014).

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Opinion

In a child protective proceeding pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Suffolk County (Hoffman, J.), dated October 31, 2013, which, after a hearing, dismissed its petition alleging that the mother violated the terms of an order of supervision of the same court dated March 1, 2013.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the contentions of the petitioner and the attorney for the child, the Family Court did not err in determining the mother’s obligations under its prior order of supervision dated March 1, 2013, or in clarifying any alleged ambiguity in that order (see generally People v Richardson, 100 NY2d 847, 851 [2003]; People v Minaya, 54 NY2d 360, 365 [1981]; Bohlen v Metropolitan El. Ry. Co., 121 NY 546, 550 [1890]; People v Ballard, 234 AD2d 981, 982 [1996]; People v Stoesser, 92 AD2d 650, 651 [1983]). Accordingly, since the petition failed to adequately allege a violation of the prior order of supervision dated March 1, 2013, under the circumstances, the Family Court properly dismissed the petition (see generally Matter of Cote v Berger, 112 AD3d 821, 822 [2013]).

Rivera, J.E, Lott, Miller and Duffy, JJ., concur.

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In a child protective proceeding pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Suffolk County (Hoffman, J.), dated October 31, 2013, which, after a hearing, dismissed its petition alleging that the mother violated the terms of an order of supervision of the same court dated March 1, 2013.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the contentions of the petitioner and the attorney for the child, the Family Court did not err in determining the mother’s obligations under its prior order of supervision dated March 1, 2013, or in clarifying any alleged ambiguity in that order (see generally People v Richardson, 100 NY2d 847, 851 [2003]; People v Minaya, 54 NY2d 360, 365 [1981]; Bohlen v Metropolitan El. Ry. Co., 121 NY 546, 550 [1890]; People v Ballard, 234 AD2d 981, 982 [1996]; People v Stoesser, 92 AD2d 650, 651 [1983]). Accordingly, since the petition failed to adequately allege a violation of the prior order of supervision dated March 1, 2013, under the circumstances, the Family Court properly dismissed the petition (see generally Matter of Cote v Berger, 112 AD3d 821, 822 [2013]).

Rivera, J.E, Lott, Miller and Duffy, JJ., concur.

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Bluebook (online)

118 A.D.3d 698, 986 N.Y.S.2d 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mariahrae-c-nyappdiv-2014.

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