Legal Opinion
Ontario County Department of Social Services v. Hinckley
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1996PublishedCited by 7 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs and matter remitted to Ontario County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in revoking the suspension of the order of commitment (see, Family Ct Act § 455 [1]) without conducting a hearing. "[I]t is well settled that a deprivation of liberty must be preceded by a fair hearing (People ex rel. Silbert v Cohen, 36 AD2d 331, affd 29 NY2d 12; see also, Matter of Stagnar v Stagnar, 98 AD2d 983; Matter of Rogers v Rogers, 77 AD2d 818)” (Matter of Balya [Plouffe] v Riley, 212 AD2d 941,…
2Cases cited5 opinions
- Schwartz v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1965
- People Ex Rel. Silbert v. CohenNew York Court of Appeals · 1971
- Rogers v. RogersAppellate Division of the Supreme Court of the State of New York · 1980
- Stagnar v. StagnarAppellate Division of the Supreme Court of the State of New York · 1983
- Balya v. RileyAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by7 opinions
- Dauria v. DauriaAppellate Division of the Supreme Court of the State of New York · 2001
- Thompson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2009
- Wolski v. CarlsonAppellate Division of the Supreme Court of the State of New York · 2003
- Davis v. BondAppellate Division of the Supreme Court of the State of New York · 2013
- DAVIS, DANICA v. BOND, JUSTIN K.Appellate Division of the Supreme Court of the State of New York · 2013
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