Legal Opinion · Dissent

In re Charles B.

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

Decided November 23, 1994Published

1Dissent

Peters, J. (dissenting).

Family Court’s adjournment of this proceeding without entry of a temporary order extending placement resulted in the loss of jurisdiction upon expiration of the order of placement. Family Court Act § 756-a (e) is specific in each of its requirements when an extension is sought. Hence, to extend such placement, the statute requires that Family Court "enter one or more temporary orders”. An oral adjournment, without more, is not and cannot constitute entry of a temporary order extending a child’s placement. As loss of this child’s personal freedom is at stake, strict…

2Cases cited3 opinions

  1. In re Gregory W.New York Court of Appeals · 1966
  2. Resnik v. Donald D.New York City Family Court · 1975
  3. In re Leslie B.New York City Family Court · 1985

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