In re Verquan B.

Appellate Division of the Supreme Court of New York

In re Verquan B.

225 A.D.2d 1062, 639 N.Y.2d 212, 639 N.Y.S.2d 212, 1996 N.Y. App. Div. LEXIS 2897

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

DecidedMarch 8, 1996

StatusPublished

Cited by3 cases

This text of 225 A.D.2d 1062 (In re Verquan B.) 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 Verquan B., 225 A.D.2d 1062, 639 N.Y.2d 212, 639 N.Y.S.2d 212, 1996 N.Y. App. Div. LEXIS 2897 (N.Y. Ct. App. 1996).

Pincite

Opinion

The court’s finding of permanent neglect is supported by the record. The determination terminating respondent’s parental rights must be vacated, however, because the court failed to conduct a dispositional hearing (see, Family Ct Act §§ 623, 625 [a]; § 631; Matter of Casondra W., 184 AD2d 1070; Matter of Rosa B., 161 AD2d 1152). The parties did not agree to dispense with the dispositional hearing and, absent consent, the requirement of a dispositional hearing may not be circumvented (see, Family Ct Act § 625 [a]; Matter of Rosa B., supra, at 1153). We modify the order on appeal, therefore, by vacating the second and third ordering paragraphs, and we remit the matter to Niagara County Family Court for a dispositional hearing. (Appeal from Order of Niagara County Family Court, Halpin, J.— Terminate Parental Rights.) Present — Denman, P. J., Pine, Wesley, Callahan and Boehm, JJ.

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The court’s finding of permanent neglect is supported by the record. The determination terminating respondent’s parental rights must be vacated, however, because the court failed to conduct a dispositional hearing (see, Family Ct Act §§ 623, 625 [a]; § 631; Matter of Casondra W., 184 AD2d 1070; Matter of Rosa B., 161 AD2d 1152). The parties did not agree to dispense with the dispositional hearing and, absent consent, the requirement of a dispositional hearing may not be circumvented (see, Family Ct Act § 625 [a]; Matter of Rosa B., supra, at 1153). We modify the order on appeal, therefore, by vacating the second and third ordering paragraphs, and we remit the matter to Niagara County Family Court for a dispositional hearing. (Appeal from Order of Niagara County Family Court, Halpin, J.— Terminate Parental Rights.) Present — Denman, P. J., Pine, Wesley, Callahan and Boehm, JJ.

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Bluebook (online)

225 A.D.2d 1062, 639 N.Y.2d 212, 639 N.Y.S.2d 212, 1996 N.Y. App. Div. LEXIS 2897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-verquan-b-nyappdiv-1996.

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