In re Victoria H.

37 A.D.3d 1047, 830 N.Y.S.2d 406

This text of 37 A.D.3d 1047 (In re Victoria H.) 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 Victoria H., 37 A.D.3d 1047, 830 N.Y.S.2d 406 (N.Y. Ct. App. 2007).

Opinion

Appeal from an order of the Family Court, Onondaga County (Bryan R. Hedges, J.), entered August 8, 2006 in a proceeding pursuant to Family Court Act article 3. The order dismissed the petition.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the petition is reinstated and the matter is remitted to Family Court, Onondaga County, for further proceedings on the petition in accordance with the following memorandum: We agree with petitioner that Family Court erred in summarily dismissing the petition on the ground that the allegations were legally insufficient as a matter of law. The court erred in concluding that the wooden shelving unit with which the child struck her mother is not a “dangerous instrument” as a matter of law (Penal Law § 10.00 [13]; see People v Tedesco, 30 AD3d 1075 [2006], lv denied 7 NY3d 818 [2006]; see also People v Pisciotta, 34 AD3d 389 [2006]). The court also erred in refusing to conduct a hearing in order for the mother to testify regarding “physical injury” (§ 10.00 [9]), opting instead to ask its own questions of the mother, then deciding to dismiss the petition on its own motion based on the mother’s unsworn responses. We therefore reverse the order, reinstate the petition and remit the matter to Family Court for further proceedings on the petition before a different judge. Present—Scudder, PJ., Hurlbutt, Gorski, Centra and Lunn, JJ.

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Related

People v. Tedesco
30 A.D.3d 1075 (Appellate Division of the Supreme Court of New York, 2006)
People v. Pisciotta
34 A.D.3d 389 (Appellate Division of the Supreme Court of New York, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
37 A.D.3d 1047, 830 N.Y.S.2d 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-victoria-h-nyappdiv-2007.