Legal Opinion

In re Cynthia H.

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1984Published

1Opinion of the Court

Order unanimously reversed, without costs, and petition dismissed. Memorandum: Family Court committed reversible error in this proceeding pursuant to article 7 of the Family Court Act when it played the role of the County Attorney, who was absent, and called and examined witnesses against the respondent at the fact-finding hearing (cf. People v Yut Wai Tom, 53 NY2d 44, 56-58). Moreover, the evidence adduced at that hearing is insufficient as a matter of law to establish beyond a reasonable doubt that respondent is a person in need of supervision within the meaning of subdivision (a) of…

2Cases cited3 opinions

  1. People v. Yut Wai TomNew York Court of Appeals · 1981
  2. Dehmler v. County of LivingstonAppellate Division of the Supreme Court of the State of New York · 1983
  3. In re Rebecca G.Appellate Division of the Supreme Court of the State of New York · 1983

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