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Matter of Adrienne

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1991
175 A.D.2d 837 (N.Y. App. Div. 1991)

Opinion

August 12, 1991

Appeal from the Family Court, Westchester County (Tolbert, J.).


Ordered that the order is modified, on the law, by deleting the ninth decretal paragraph thereof, and substituting therefor the following language: "ORDERED that the respondent involve herself in individual therapy for a period of eighteen months; upon the expiration of that period, the court may upon a hearing and for good cause shown, make successive extensions of such supervision of up to one year each"; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court's determination that the mother should involve herself in individual therapy was supported by a preponderance of the evidence (see, Matter of Renee L., 166 A.D.2d 448). However, the Family Court erred in failing to place a time limitation on this directive. Family Court Act former § 1057, which was in effect in 1988, provided, in pertinent part, that "[t]he duration of any period of supervision shall be for an initial period of no more than eighteen months and the court may at the expiration of that period upon a hearing and for good cause shown, make successive extensions of such supervision of up to one year each" (Family Ct Act § 1057 was amended, eff Nov. 1, 1989 [L 1989, ch 458, § 3], by reducing the initial period of supervision from 18 months to one year). Accordingly, the order is modified to the extent indicated. We note that the initial 18-month period has long expired. If the petitioner deems it appropriate that the respondent mother continue to involve herself in individual therapy, it should petition the Family Court for an extension of the period of supervision.

Finally, we have reviewed the mother's remaining argument, as well as the law guardian's argument that the instant appeal is academic, and find them to be without merit. Mangano, P.J., Kooper, Rosenblatt and O'Brien, JJ., concur.


Summaries of

Matter of Adrienne

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1991
175 A.D.2d 837 (N.Y. App. Div. 1991)
Case details for

Matter of Adrienne

Case Details

Full title:In the Matter of MICHAEL S. ADRIENNE S., Appellant; WESTCHESTER COUNTY…

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

Date published: Aug 12, 1991

Citations

175 A.D.2d 837 (N.Y. App. Div. 1991)
573 N.Y.S.2d 200

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