Legal Opinion
In re Gabriel M.
New York City Family Court
Decided May 2, 1985PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Stanley Gartenstein, J.
In the wake of the action of the Court of Appeals holding unconstitutional the major provisions (viz., the last sentence) of Family Court Act § 1039 (e) (cf. Matter of Marie B., 62 NY2d 352), the question left open by this ruling was whether or not a nisi prius court must conduct a preliminary hearing prior to vacatur of an adjournment in contemplation of dismissal (ACD). For reasons set forth herein, we rule in the negative as a matter of law.
The Facts: By petition dated July 9,1984, respondent mother was charged with neglect of the three subject…
2Cases cited14 opinions
- People v. RyanNew York Court of Appeals · 1937
- In re Marie B.New York Court of Appeals · 1984
- Matter of Emerson v. . BuckNew York Court of Appeals · 1921
- Hand v. FrazerNew York Supreme Court · 1931
- People v. Quill, New York County Courts1958
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3Cited by2 opinions
- In re DoeCivil Court of the City of New York · 2003
- People v. MiterkoNew York Supreme Court · 2000