Morant v. Rogers

Appellate Division of the Supreme Court of New York

Morant v. Rogers

118 A.D.3d 703, 986 N.Y.S.2d 346

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

DecidedJune 4, 2014

StatusPublished

This text of 118 A.D.3d 703 (Morant v. Rogers) 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

Morant v. Rogers, 118 A.D.3d 703, 986 N.Y.S.2d 346 (N.Y. Ct. App. 2014).

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Opinion

In related proceedings, in effect, pursuant to Social Services Law § 383-c for visitation, the mother appeals from an order of the Family Court, Suffolk County (Freundlich, J.), dated January 22, 2013, which, without a hearing, in effect, denied her petition to revoke a surrender agreement.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Family Court, Suffolk County, for further proceedings consistent herewith.

The mother commenced this proceeding to revoke an agreement surrendering her two children to their great aunt and uncle. The mother alleged, inter alia, that at the time she executed the surrender agreement she was 17 years old, under the influence of drugs, and unrepresented by counsel. Accepting the allegations in the petition as true, and affording the mother the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87 [1994]), she has sufficiently alleged that she was under duress at the time she executed the surrender agreement (see Social Services Law § 383 [6] [d]; cf. Matter of Robert Jordan G. [Robert D.], 97 AD3d 576 [2012]; Matter of Gino Z., 4 AD3d 631, 632 [2004]). Accordingly, the Family Court should not have, in effect, summarily denied the petition, and the matter must be remitted to the Family Court, Suffolk County, for further proceedings on the petition.

Dickerson, J.E, Chambers, Austin and Sgroi, JJ., concur.

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In related proceedings, in effect, pursuant to Social Services Law § 383-c for visitation, the mother appeals from an order of the Family Court, Suffolk County (Freundlich, J.), dated January 22, 2013, which, without a hearing, in effect, denied her petition to revoke a surrender agreement.

Ordered that the order is reversed, on the law, with costs, the petition is reinstated, and the matter is remitted to the Family Court, Suffolk County, for further proceedings consistent herewith.

The mother commenced this proceeding to revoke an agreement surrendering her two children to their great aunt and uncle. The mother alleged, inter alia, that at the time she executed the surrender agreement she was 17 years old, under the influence of drugs, and unrepresented by counsel. Accepting the allegations in the petition as true, and affording the mother the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87 [1994]), she has sufficiently alleged that she was under duress at the time she executed the surrender agreement (see Social Services Law § 383 [6] [d]; cf. Matter of Robert Jordan G. [Robert D.], 97 AD3d 576 [2012]; Matter of Gino Z., 4 AD3d 631, 632 [2004]). Accordingly, the Family Court should not have, in effect, summarily denied the petition, and the matter must be remitted to the Family Court, Suffolk County, for further proceedings on the petition.

Dickerson, J.E, Chambers, Austin and Sgroi, JJ., concur.

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Bluebook (online)

118 A.D.3d 703, 986 N.Y.S.2d 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morant-v-rogers-nyappdiv-2014.

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