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Matter of Nelson

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1976
51 A.D.2d 727 (N.Y. App. Div. 1976)

Opinion

February 2, 1976


In a juvenile delinquency proceeding, the appeal is from an order of the Family Court, Kings County, dated July 2, 1975, which, after a fact-finding hearing, adjudicated appellant to be a juvenile delinquent and placed him with the Division for Youth for 18 months. Order reversed, without costs or disbursements, and proceeding remanded to the Family Court for further proceedings not inconsistent herewith. When, upon the convening of court on March 5, 1975, the complaint report previously demanded by the Law Guardian had not been produced, we think that, under the circumstances of this case, his request for an adjournment for the purpose of procuring such report should have been granted. It constituted an abuse of the Family Court's discretion to require that the fact-finding hearing take place at a time when the Law Guardian was not prepared to present a proper defense for his client. It should be noted that there is a concession by the corporation counsel that there should be a new hearing. Hopkins, Acting P.J., Martuscello, Damiani, Christ and Hawkins, JJ., concur.


Summaries of

Matter of Nelson

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1976
51 A.D.2d 727 (N.Y. App. Div. 1976)
Case details for

Matter of Nelson

Case Details

Full title:In the Matter of NELSON R. (Anonymous), Appellant

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

Date published: Feb 2, 1976

Citations

51 A.D.2d 727 (N.Y. App. Div. 1976)

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