Matter of Danazah B.D. (Audrey B.)

Appeal from an order of the Family Court, Kings County (llana Gruebel, J.), dated July 25, 2014. The order, in effect, denied, without a hearing, the mother’s motion for the return of the subject child pursuant to Family Court Act § 1028.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a hearing pursuant to Family Court Act § 1028 and a new determination of the mother’s motion thereafter.

The Family Court has no discretion to deny, without a hearing, a parent’s application pursuant to Family Court…