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In the Matter of Brandon

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 2003
2 A.D.3d 1339 (N.Y. App. Div. 2003)

Opinion

CAF 02-01173.

December 31, 2003.

Appeal from an order of Family Court, Erie County (Rosa, J.), entered January 17, 2002, which directed respondent to submit to a psychological evaluation.

GWENNOR LLOYD JONES, BUFFALO, FOR RESPONDENT-APPELLANT.

DAVID C. SCHOPP, LAW GUARDIAN, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR BRANDON K. AND DEVON K.

Before: PRESENT: GREEN, J.P., SCUDDER, GORSKI, LAWTON, AND HAYES, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court properly exercised its broad authority in directing respondent to submit to a psychological evaluation ( see Family Ct Act § 251 [a]; Matter of Henrietta D. v. Jack K., 272 A.D.2d 995). Contrary to respondent's contentions, the court's directive effectuated rather than altered the dispositional order, and the order was not made in violation of respondent's right to counsel ( cf. Matter of Patricia L. v. Steven L., 119 A.D.2d 221, 224-225).


Summaries of

In the Matter of Brandon

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 2003
2 A.D.3d 1339 (N.Y. App. Div. 2003)
Case details for

In the Matter of Brandon

Case Details

Full title:MATTER OF BRANDON K. AND DEVON K. ERIE COUNTY DEPARTMENT OF SOCIAL…

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

Date published: Dec 31, 2003

Citations

2 A.D.3d 1339 (N.Y. App. Div. 2003)
768 N.Y.S.2d 914