Summary
In Matter of Shalom S. (88 A.D.2d 936), a child abuse proceeding, we reversed an order removing a child from the parents' custody for 18 months, holding that the trial court's refusal of a brief adjournment so that counsel could be present deprived the parents of their right to counsel.
Summary of this case from Patricia L. v. Steven LOpinion
June 7, 1982
In a child abuse proceeding, the appeal is from an order of the Family Court, Queens County (Corrado, J.), dated June 9, 1981, which, after a hearing, determined that the child was an abused child, and directed that she be placed with the Commissioner of Social Services for a period not to exceed 18 months. Order reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court for a new hearing in accordance herewith. The unjustified refusal of the Family Court to grant the appellants a second brief adjournment so that their counsel might be present at the hearing deprived them of any meaningful exercise of their right to an attorney (see Matter of Ella B., 30 N.Y.2d 352). Damiani, J.P., Mangano, Gulotta and Niehoff, JJ., concur.