Legal Opinion
Matter of Michael M.
New York Court of Appeals
Decided November 23, 2004PublishedCited by 27 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
This appeal calls upon us to decide whether the jurisdictional requirements for filing in Family Court are met when an order of removal and the accompanying pleadings and proceedings contain only hearsay allegations; and, if they are not met, whether this deficiency is waivable. For the reasons that follow, we conclude that such a removal is jurisdictionally defective. Further, the defect is nonwaivable and thus is reviewable for the first time upon appeal.
I
This case originated with the filing of a felony complaint on April 3, 2002 in Criminal Court, Bronx County.…
2Cases cited11 opinions
- People v. CaseyNew York Court of Appeals · 2000
- In re Jahron S.New York Court of Appeals · 1992
- Matter of Rodney J.New York Court of Appeals · 1994
- Matter of Neftali D.New York Court of Appeals · 1995
- In re Detrece H.New York Court of Appeals · 1991
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In re Markim Q.New York Court of Appeals · 2006
- In re Tanasia Elanie E.Appellate Division of the Supreme Court of the State of New York · 2008
- In re Matthew W.Appellate Division of the Supreme Court of the State of New York · 2008
- In re Kemar G.Appellate Division of the Supreme Court of the State of New York · 2010
- In re Jamel E.Appellate Division of the Supreme Court of the State of New York · 2006
22 more not listed; retrieve them via the Exa API.