In re Regina X.

Appellate Division of the Supreme Court of New York

In re Regina X.

132 A.D.2d 666, 518 N.Y.S.2d 157, 1987 N.Y. App. Div. LEXIS 49210

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

DecidedJuly 20, 1987

StatusPublished

Cited by2 cases

This text of 132 A.D.2d 666 (In re Regina X.) 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 Regina X., 132 A.D.2d 666, 518 N.Y.S.2d 157, 1987 N.Y. App. Div. LEXIS 49210 (N.Y. Ct. App. 1987).

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Opinion

In four consolidated proceedings pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Nassau County (Ryan, J.), dated July 22, 1986, as amended August 12, 1986, which granted an adjournment in contemplation of dismissal to the respondents, directed the Department of Social Services instead of the Department of Probation to supervise the respondents and the children, and which directed the respondents to refrain from using corporal punishment.

Ordered that the order, as amended, is reversed, without costs or disbursements, and the matters are remitted to the Family Court, Nassau County, for a fact-finding hearing pursuant to Family Court Act § 1044.

The Family Court’s order, as amended, which adjourned the matters in contemplation of dismissal over the objection of the Deputy County Attorney and directed supervision by the Department of Social Services, violated Family Court Act § 1039, which requires the consent of all parties (see, Matter of Gary B, 101 AD2d 1026; Matter of Amlinger v Amlinger, 73 AD2d 1047). Thompson, J. P., Lawrence, Eiber and Spatt, JJ., concur.

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In four consolidated proceedings pursuant to Family Court Act article 10, the petitioner appeals from an order of the Family Court, Nassau County (Ryan, J.), dated July 22, 1986, as amended August 12, 1986, which granted an adjournment in contemplation of dismissal to the respondents, directed the Department of Social Services instead of the Department of Probation to supervise the respondents and the children, and which directed the respondents to refrain from using corporal punishment.

Ordered that the order, as amended, is reversed, without costs or disbursements, and the matters are remitted to the Family Court, Nassau County, for a fact-finding hearing pursuant to Family Court Act § 1044.

The Family Court’s order, as amended, which adjourned the matters in contemplation of dismissal over the objection of the Deputy County Attorney and directed supervision by the Department of Social Services, violated Family Court Act § 1039, which requires the consent of all parties (see, Matter of Gary B, 101 AD2d 1026; Matter of Amlinger v Amlinger, 73 AD2d 1047). Thompson, J. P., Lawrence, Eiber and Spatt, JJ., concur.

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Bluebook (online)

132 A.D.2d 666, 518 N.Y.S.2d 157, 1987 N.Y. App. Div. LEXIS 49210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-regina-x-nyappdiv-1987.

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