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