Matter of Elizabeth C. (Omar C.)
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mastro, J.P.
The present matter requires us to determine whether a parent in abuse and/or neglect proceedings brought pursuant to Family Court Act article 10, who has been excluded from the household in which the children reside by an order of protection, is entitled to a prompt hearing in accordance with Family Court Act § 1028 to challenge the propriety and necessity of the exclusion. Based upon the statutory framework of article 10, and mindful of the weighty due process considerations implicated by such an exclusion, we conclude that the parent is entitled to a prompt…
2Cases cited34 opinions
- Santosky v. KramerSupreme Court of the United States · 1982
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Bennett v. JeffreysNew York Court of Appeals · 1976
- Nicholson v. ScoppettaNew York Court of Appeals · 2004
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3Cited by37 opinions
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- Matter of Malazah W. (Antoinette W.)Appellate Division of the Supreme Court of the State of New York · 2020
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