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In the Matter of Joseph C

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 2003
307 A.D.2d 926 (N.Y. App. Div. 2003)

Opinion

2002-06748, 2002-09525

Argued June 12, 2003.

August 4, 2003.

In a child neglect proceeding pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of (1) an order of the Family Court, Nassau County (Lawrence, J.), dated July 15, 2002, as denied her motion, in effect, to set aside a prior order of the same court dated September 29, 2000, made after a hearing, on the ground of insufficient evidence, and (2) an order of the same court dated September 24, 2002, as denied her motion for a mistrial regarding the dispositional hearing held in the instant proceeding.

Rebecca C., Hicksville, N.Y., appellant pro se.

Tananbaum Sibener, Commack, N.Y. (Paul S. Sibener of counsel), for nonparty Michael C.

Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the orders are affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother's contention, the Family Court properly denied her motion to set aside the order dated September 29, 2000, made after a hearing, on the ground of insufficient evidence.

The Family Court providently exercised its discretion in denying the mother's motion for a mistrial of the dispositional hearing held in the instant proceeding ( cf. Chung v. Shakor, 273 A.D.2d 340).

The mother's remaining contention is without merit.

FEUERSTEIN, J.P., KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur.


Summaries of

In the Matter of Joseph C

Appellate Division of the Supreme Court of New York, Second Department
Aug 4, 2003
307 A.D.2d 926 (N.Y. App. Div. 2003)
Case details for

In the Matter of Joseph C

Case Details

Full title:IN THE MATTER OF JOSEPH C. (ANONYMOUS). NASSAU COUNTY DEPARTMENT OF SOCIAL…

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

Date published: Aug 4, 2003

Citations

307 A.D.2d 926 (N.Y. App. Div. 2003)
762 N.Y.S.2d 895