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MOTHER WAS EXPERIENCING COVID-LIKE SYMPTOMS AND THE COURT RULES PROHIBITED HER ENTRY; HER REQUEST FOR AN ADJOURMENT SHOULD HAVE BEEN GRANTED (FOURTH DEPT).

The Fourth Department, reversing Family Court, determined the court abused its discretion in denying mother’s request for an adjournment:

… [T]he court abused its discretion in denying her attorney’s request for an adjournment. The mother had not previously requested an adjournment, and there was no indication in the record that an adjournment would have adversely affected the child … . Further, the mother was experiencing COVID-like symptoms and, under the court’s own rules, she was prohibited from entering the courthouse … . We therefore vacate those parts of the order determining that the mother permanently neglected the subject child and terminating her parental rights … . Matter of Jiryan S., 2022 NY Slip Op 04514. Fourth Dept 7-8-22

Practice Point: Here mother was experiencing COVID-like symptoms and requested an adjournment. Court rules prohibited her entry into the building. Her request for an adjournment should have been granted.

 

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