In re Roselyn S.
This text of 82 A.D.3d 1249 (In re Roselyn S.) 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.
Opinion
The Family Court improperly relied on Family Court Act § 1037 (a) by, in effect, directing the mother to appear at a dispositional hearing. That section, which, among other things, permits the Family Court, under certain circumstances, to compel a respondent’s “initial appearance” in a Family Court Act article 10 proceeding (Family Ct Act §§ 1033-a, 1033-b), was [1250]*1250inapplicable, since the mother had already appeared before the Family Court and accepted service of the petition (see Family Ct Act § 1037 [a]; cf. Family Ct Act § 153). Mastro, J.E, Dillon, Balkin and Miller, JJ., concur.
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Cite This Page — Counsel Stack
82 A.D.3d 1249, 919 N.Y.2d 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-roselyn-s-nyappdiv-2011.