You are here: / / THE THREE-DAY FACT-FINDING HEARING RELATED TO THE NEGLECT PETITION RE:...
, ,

THE THREE-DAY FACT-FINDING HEARING RELATED TO THE NEGLECT PETITION RE: SERENA, NOT THE NEWLY-FILED DERIVATIVE NEGLECT PETITION RE: VINCENT; FAMILY COURT IMPROPERLY CONSOLIDATED THE TWO PETITIONS FOR THE DISPOSITIONAL HEARING DEPRIVING MOTHER OF DUE PROCESS (SECOND DEPT).

The Second Department, reversing Family Court, determined the court never held a hearing on the newly filed derivative neglect petition (re: Vincent). The three-day fact-finding hearing related only to the neglect petition (re: Serena). At the subsequent dispositional hearing, the court improperly consolidated the two petitions:

The right to due process encompasses a “meaningful opportunity to be heard” at a fact-finding hearing on a neglect petition … , and to “present evidence relevant to the proceedings” … . Accordingly, the proceeding with respect to Vincent must be remitted to the Family Court … for a fact-finding hearing, in order to afford the parties an opportunity to introduce evidence relevant to the petition to adjudicate Vincent a derivatively neglected child, including, among other things, whether at the time the neglect petition was filed with respect to Vincent the mother had resolved the issues that were the basis of the finding of neglect as to Serena … . Matter of Serena G. (Monica M.), 2022 NY Slip Op 04547, Second Dept 7-13-22

Practice Point: Here the court held a hearing which was confined to the neglect petition re: Serena and did not address the newly-filed derivative neglect petition re: Vincent. By combining the two petitions for the dispositional hearing mother was deprived of an opportunity to be heard (due process) on the derivative neglect petition.

 

You might also like
City’s Operation of a Parking Garage is a Proprietary Not Governmental Function—City Can Be Sued For Failing to Provide Adequate Safety to Patrons
Motion to Vacate Default Judgment in Foreclosure Action Properly Granted—Criteria Explained
THE PROOF DID NOT SUPPORT A FINDING THAT THE ASSAULT SECOND AND CRIMINAL POSSESSION OF A WEAPON THIRD CONVICTIONS WERE BASED ON SEPARATE AND DISTINCT ACTS, THEREFORE CONSECUTIVE SENTENCES WERE NOT WARRANTED; DEFENDANT SHOULD NOT HAVE BEEN ADJUDICATED A SECOND FELONY OFFENDER BASED ON A NEW JERSEY CONVICTION WHICH WAS NOT A FELONY IN NEW YORK (SECOND DEPT). ​
APPELLANT WAS NOT AN AGENT OF THE GENERAL CONTRACTOR OR OWNER, DID NOT SUPERVISE AND CONTROL PLAINTIFF’S WORK AND DID NOT HAVE CONTROL OVER THE WORK SITE; THEREFORE THE LABOR LAW 240(1), 241(6) AND 200 CAUSES OF ACTION SHOULD HAVE BEEN DISMISSED IN THIS CONSTRUCTION-DEBRIS-SLIP-AND-FALL CASE (SECOND DEPT).
PLAINTIFF WALKED INTO THE REAR OF A TRACTOR TRAILER WHICH WAS MAKING A RIGHT TURN, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (SECOND DEPT).
Failure to Move to Sever Unrelated Counts of Indictment Constituted Ineffective Assistance of Counsel
Submission of Intentional and Depraved Indifference Murder to Jury in Conjunctive Rather than Alternative Okay
PETITIONERS, INMATES AT A CORRECTIONAL FACILITY, RAISED ALLEGATIONS COGNIZABLE IN HABEAS CORPUS REGARDING THE FACILITY’S RESPONSE TO COVID-19; SUPREME COURT SHOULD NOT HAVE REFUSED TO ISSUE AN ORDER TO SHOW CAUSE WHY THE PETITIONERS SHOULD NOT BE RELEASED (SECOND DEPT).

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

DUE TO A CONTRACTOR’S ERROR, PETITIONER’S SWIMMING POOL WAS INSTALLED... A FAMILY OFFENSE PROCEEDING MAY BE BROUGHT IN THE COUNTY WHERE THE FAMILY MEMBER...