Legal Opinion

Rosalyn YY. v. Otsego County Department of Social Services

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

Decided December 20, 2012Published

1Opinion of the CourtPeters, P.J.

*1403We affirm. The sole argument advanced by the grandfather on this appeal is that Family Court abused its discretion in failing to adjourn the hearing after the mother was unable to appear due to circumstances beyond her control. Neither the grandfather nor the father, however, requested an adjournment or continuance of the proceeding. Rather, the relief requested was outright dismissal of the mother’s petition for failure to proceed. Nevertheless, Family Court declined to grant an adjournment, and its decision in that regard will not be disturbed absent a clear abuse of discretion (see Matter…

2Cases cited5 opinions

  1. In the Matter of StevenNew York Court of Appeals · 2006
  2. Braswell v. BraswellAppellate Division of the Supreme Court of the State of New York · 2011
  3. Williams v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2006
  4. In re Cecelia A.Appellate Division of the Supreme Court of the State of New York · 1993
  5. Chamberlain v. DundonAppellate Division of the Supreme Court of the State of New York · 2009

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