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Matter of Christopher

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 907 (N.Y. App. Div. 1990)

Opinion

July 13, 1990

Appeal from the Erie County Family Court, Sedita, J.

Present — Denman, J.P., Boomer, Pine, Balio and Lowery, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court failed to comply with Family Court Act § 1055 (b) (v), which requires the court to set forth the basis for the length of placement ordered. While this error would normally require remittal, the issues presented will be moot by reason of the passage of time which will necessarily occur before this court could review any findings returned to us following a remittal. Therefore, we will make our own findings in the interest of justice and judicial economy (see, Matter of Anna X., 148 A.D.2d 890, lv denied 74 N.Y.2d 608). We find that Christopher's father, his only living parent, has not involved himself in Christopher's treatment planning and rehabilitation. That is required before discharge to his father's home may be considered. Thus, we conclude that Christopher's father has demonstrated an inability to care for him and that it is in Christopher's best interest that placement be extended for the period ordered by the court (see, Matter of Belinda B., 114 A.D.2d 70, 74).


Summaries of

Matter of Christopher

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 13, 1990
163 A.D.2d 907 (N.Y. App. Div. 1990)
Case details for

Matter of Christopher

Case Details

Full title:In the Matter of CHRISTOPHER W., a Child Alleged to be Neglected

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

Date published: Jul 13, 1990

Citations

163 A.D.2d 907 (N.Y. App. Div. 1990)
558 N.Y.S.2d 427