In re Alethea B.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed, on the law, without costs, and matter remitted to Erie County Family Court for a hearing and further proceedings not inconsistent with the following memorandum: Family Court erred in sentencing appellant for failing to comply with the terms and conditions of a temporary order of protection (Family Ct Act § 1072 [b]). Appellant was not present nor advised of his right to be heard and to present witnesses (see, Matter of Ryan v Ryan, 42 AD2d 733). (Appeal from order of Erie County Family Court, Killeen, J.—violation of order of protection.) Present—Doerr, J. P.,…
2Cases cited1 opinion
- Ryan v. RyanAppellate Division of the Supreme Court of the State of New York · 1973
3Cited by1 opinion
- Debra MM. v. Ralph MM.Appellate Division of the Supreme Court of the State of New York · 2009