In re Tiffany S.

Appellate Division of the Supreme Court of New York

In re Tiffany S.

254 A.D.2d 817, 678 N.Y.S.2d 767, 1998 N.Y. App. Div. LEXIS 10544

Appellate Division of the Supreme Court of the State of New York·Decided October 2, 1998·Published

Opinion

Order insofar as appealed from unanimously reversed on the law without costs and determination of emancipation vacated. Memorandum: Petitioner commenced this violation proceeding seeking to revoke the probation of respondent, who previously was adjudicated a person in need of supervision (see, Family Ct Act § 779). Family Court therefore abused its discretion when it determined, sua sponte, that respondent is emancipated (see generally, Matter of Williams v Taylor, 234 AD2d 809, 810). (Appeal from Order of Erie County Family Court, Dillon, J. — Person In Need of Supervision.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Fallon, JJ.

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Order insofar as appealed from unanimously reversed on the law without costs and determination of emancipation vacated. Memorandum: Petitioner commenced this violation proceeding seeking to revoke the probation of respondent, who previously was adjudicated a person in need of supervision (see, Family Ct Act § 779). Family Court therefore abused its discretion when it determined, sua sponte, that respondent is emancipated (see generally, Matter of Williams v Taylor, 234 AD2d 809, 810). (Appeal from Order of Erie County Family Court, Dillon, J. — Person In Need of Supervision.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Fallon, JJ.

In re Tiffany S., 254 A.D.2d 817, 678 N.Y.S.2d 767, 1998 N.Y. App. Div. LEXIS 10544 (N.Y. Ct. App. 1998).

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254 A.D.2d 817 (In re Tiffany S.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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