In re Tina F.

Appellate Division of the Supreme Court of New York

In re Tina F.

273 A.D.2d 900, 710 N.Y.S.2d 281, 2000 N.Y. App. Div. LEXIS 6797

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

DecidedJune 16, 2000

StatusPublished

This text of 273 A.D.2d 900 (In re Tina F.) 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 Tina F., 273 A.D.2d 900, 710 N.Y.S.2d 281, 2000 N.Y. App. Div. LEXIS 6797 (N.Y. Ct. App. 2000).

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Opinion

Order unanimously affirmed without costs. Memorandum: After a dispositional hearing, Family Court adjudicated respondent’s child to be permanently neglected and transferred guardianship and custody to petitioner. [901]*901There is no merit to the contention of respondent that he was denied a fair and impartial hearing. Although the court erred in making certain factual findings, those erroneous findings do not establish that the court was biased. Rather, we conclude that those findings were based on the court’s inadvertent mistaken recollections of testimony and that the court nevertheless arrived at an appropriate disposition.

We also reject respondent’s contention that the court should have suspended judgment rather than transferring guardianship and custody of the child to petitioner (see, Matter of Sonny H. B., 249 AD2d 940). (Appeal from Order of Erie County Family Court, Rosa, J. — Terminate Parental Rights.) Present— Pigott, Jr., P. J., Hayes, Hurlbutt and Scudder, JJ.

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Order unanimously affirmed without costs. Memorandum: After a dispositional hearing, Family Court adjudicated respondent’s child to be permanently neglected and transferred guardianship and custody to petitioner. [901]*901There is no merit to the contention of respondent that he was denied a fair and impartial hearing. Although the court erred in making certain factual findings, those erroneous findings do not establish that the court was biased. Rather, we conclude that those findings were based on the court’s inadvertent mistaken recollections of testimony and that the court nevertheless arrived at an appropriate disposition.

We also reject respondent’s contention that the court should have suspended judgment rather than transferring guardianship and custody of the child to petitioner (see, Matter of Sonny H. B., 249 AD2d 940). (Appeal from Order of Erie County Family Court, Rosa, J. — Terminate Parental Rights.) Present— Pigott, Jr., P. J., Hayes, Hurlbutt and Scudder, JJ.

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Bluebook (online)

273 A.D.2d 900, 710 N.Y.S.2d 281, 2000 N.Y. App. Div. LEXIS 6797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tina-f-nyappdiv-2000.

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