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Matter of Terry

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1976
51 A.D.2d 743 (N.Y. App. Div. 1976)

Opinion

February 9, 1976


In a proceeding pursuant to article 7 of the Family Court Act, the appeal is from an order of the Family Court, Queens County, dated July 25, 1975, which, upon a prior determination, made after a fact-finding hearing, that appellant was a person in need of supervision, placed her on probation under the supervision of the Queens County Probation Department for a period of one year. Order reversed, on the law, without costs or disbursements, and proceeding remanded to the Family Court for a new fact-finding hearing. No questions of fact were considered on this appeal. It is well settled that "`proof beyond a reasonable doubt is constitutionally required for an adjudication that a minor is a person in need of supervision'" (Matter of Iris R., 33 N.Y.2d 987, 988; Matter of Richard S., 27 N.Y.2d 802). In light of our determination, we need not consider the other issues raised by appellant. Hopkins, Acting P.J., Latham, Christ, Titone and Hawkins, JJ., concur.


Summaries of

Matter of Terry

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1976
51 A.D.2d 743 (N.Y. App. Div. 1976)
Case details for

Matter of Terry

Case Details

Full title:In the Matter of TERRY F. (ANONYMOUS), Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 9, 1976

Citations

51 A.D.2d 743 (N.Y. App. Div. 1976)