Opinion
1616, 1616A
November 13, 2003.
Order, Family Court, New York County (Helen Sturm, J.), entered on or about May 6, 2003, which held petitioner, the Commissioner of the Administration for Children's Services (ACS), in civil contempt for failing to appear promptly for a scheduled court proceeding and which directed ACS to reimburse respondent Willie S.'s lost wages for that date, unanimously reversed, on the law and the facts, without costs, and the order vacated.
Susan Clement, for Adiva B. and another.
Julie Steiner, for petitioner-appellant.
Before: Buckley, P.J., Nardelli, Tom, Mazzarelli, Gonzalez, JJ.
ACS's failure to have an attorney present at the appointed time for an adjourned hearing was the result of a series of miscommunications involving the originally assigned ACS attorney, the replacement attorney, and their supervisor, and not a willful neglect or violation of duty (see Conforti v. Goradia, 234 A.D.2d 237, 238-239). Insofar as the order appealed refers to a pattern of mistakes, the contempt finding was based solely on the failure to timely appear on April 1, 2003, and there is no indication in the record of any adjournments necessitated by delinquency on the part of ACS. Moreover, ACS produced an attorney half an hour after being apprised by the court that the case had been called, and there was no showing that the rights or remedies of any party to the proceeding were impaired (see McCain v. Dinkins, 84 N.Y.2d 216, 225-226;Clinton Corner H.D.F.C. v. Lavergne, 279 A.D.2d 339, 341). Indeed, neither in the proceedings below nor on appeal has the father claimed any prejudice or argued against ACS's objections to the contempt finding, and the children's Law Guardian actively supports ACS's position.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.