You are here: / / FAMILY COURT DID NOT HAVE THE POWER TO ORDER THE FINGERPRINTING OF PETITIONER...

FAMILY COURT DID NOT HAVE THE POWER TO ORDER THE FINGERPRINTING OF PETITIONER IN A GUARDIANSHIP PROCEEDING.

The Second Department, reversing Family Court, determined the guardianship petition should not have been denied solely because the petitioner did not comply with the order requiring the fingerprinting of petitioner as part of a criminal background check. Family Court did not have the authority to require fingerprinting:

Contrary to the Family Court’s determination, there is no express statutory fingerprinting requirement in a proceeding such as this pursuant to Family Court Act § 661(a) for “[g]uardianship of the person of a minor or infant” … . Consequently, it was improper for the Family Court to dismiss the petition based solely on the petitioner’s failure to comply with a directive to obtain fingerprinting… . Matter of Silvia N. P. L. v Jorge M. N. P., 2016 NY Slip Op 05567, 2nd Dept 7-20-16

 

FAMILY LAW (FAMILY COURT DID NOT HAVE THE POWER TO ORDER THE FINGERPRINTING OF PETITIONER IN A GUARDIANSHIP PROCEEDING)/GUARDIANSHIP (FAMILY LAW, FAMILY COURT DID NOT HAVE THE POWER TO ORDER THE FINGERPRINTING OF PETITIONER IN A GUARDIANSHIP PROCEEDING)/FINGERPRINTING (FAMILY LAW, FAMILY COURT DID NOT HAVE THE POWER TO ORDER THE FINGERPRINTING OF PETITIONER IN A GUARDIANSHIP PROCEEDING)

You might also like
WHERE ARBITRABLE AND NONARBITRABLE CLAIMS ARE INTERTWINED, COURT PROCEEDINGS SHOULD BE STAYED PENDING THE ARBITRATION DETERMINATION (SECOND DEPT).
EXTRINSIC COLLATERAL DOCUMENTARY EVIDENCE SHOULD NOT HAVE BEEN ADMITTED TO IMPEACH DEFENDANT DOCTOR’S CREDIBILITY IN THIS MEDICAL MALPRACTICE TRIAL; DEFENDANT’S MOTION TO SET ASIDE THE $400,000 VERDICT SHOULD HAVE BEEN GRANTED (SECOND DEPT).
Operating Agreements Created a Limited Liability Company In Which Members Did Not Share Control of the Development Project or Responsibility for Losses/No Fiduciary Duty Arises from a Limited-Liability-Company Relationship, As It Does from a Partnership or Joint Venture
DEFENDANT, WHO MOVED TO VACATE THE DEFAULT JUDGMENT IN THIS FORECLOSURE ACTION, SUBMITTED SUFFICIENT EVIDENCE TO WARRANT A HEARING ON WHETHER HE WAS PROPERLY SERVED WITH THE COMPLAINT; CRITERIA EXPLAINED (SECOND DEPT).
DEFENDANT’S CAR MERELY FURNISHED THE CONDITION FOR PLAINTIFF’S BICYCLE ACCIDENT, NOT A PROXIMATE CAUSE.
Agent for Partially Disclosed Principal Is Personally Liable on the Contract
Warrantless Arrest in Doorway of Defendant’s Apartment Did Not Violate the Payton Rule
PROPERTY OWNED AS TENANTS BY THE ENTIRETY PASSES FREE AND CLEAR TO THE SURVIVING SPOUSE, PURCHASE FROM THE SURVIVING SPOUSE PROVIDES CLEAR TITLE, HEARSAY ALONE WILL NOT DEFEAT SUMMARY JUDGMENT.

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

CLAIM FOR A DE FACTO TAKING ACCRUES WHEN THE TAKING IS FIRST APPARENT, NOT WHEN... WEIGHT OF THE EVIDENCE REVIEW RESULTED IN REVERSAL IN THIS JUVENILE DELINQUENCY...