Legal Opinion

In re Dominique L. B.

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

Decided September 27, 1996No. Appeal No. 1PublishedCited by 18 opinions

1Opinion of the Court

Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: Family Court denied respondent mother due process by conducting a fact-finding hearing in this termination proceeding in the absence of respondent and by not permitting respondent’s counsel to participate in the hearing. Although the record fully supports a finding that respondent’s parental rights should have been terminated, such a finding may not stand if respondent was denied due process (see, Matter of Kendra M., 175 AD2d…

2Cases cited5 opinions

  1. In re Ella B.New York Court of Appeals · 1972
  2. In re Kendra M.Appellate Division of the Supreme Court of the State of New York · 1991
  3. In re Laticia B.Appellate Division of the Supreme Court of the State of New York · 1989
  4. Orneika J. v. Harriet J.Appellate Division of the Supreme Court of the State of New York · 1985
  5. In re Maria Q.Appellate Division of the Supreme Court of the State of New York · 1976

3Cited by18 opinions

  1. In re James Carton K.Appellate Division of the Supreme Court of the State of New York · 1997
  2. In re Meko M.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Brown v. WoodAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re Cleveland W.Appellate Division of the Supreme Court of the State of New York · 1998
  5. In re Amy Lee P.Appellate Division of the Supreme Court of the State of New York · 1997

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