Legal Opinion

In re C.S.

New York Supreme Court

Decided January 17, 2006PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Alma Cordova, J.

This case presents an issue of first impression for this court: Whether the court should, based on a recent Second Department decision and in the furtherance of justice, vacate its prior finding to a violation of probation and release respondent who has been in placement since August 1, 2005.

Respondent has filed this notice of motion pursuant to Family Court Act §§ 311.2, 355.1 (1) (b) and § 360.2 seeking not only to dismiss the violation of probation petition and the court’s finding that respondent violated his probation but also to vacate the court’s…

2Cases cited17 opinions

  1. Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
  2. Matter of Rodney J.New York Court of Appeals · 1994
  3. Matter of Neftali D.New York Court of Appeals · 1995
  4. Matter of Michael M.New York Court of Appeals · 2004
  5. In re Delfin A.Appellate Division of the Supreme Court of the State of New York · 1986

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3Cited by2 opinions

  1. Expressway Village, Inc. v. Denman, New York County Courts2009
  2. Matter of C.S.New York Family Court, Bronx County · 2006

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