In re Alexis H.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Respondent mother appeals from a corrected order adjudicating her three children to be neglected. We agree with the mother that Family Court erred in including in the order references to alcohol abuse and related treatment during September 2006. The court’s oral decision made no reference to that alcohol abuse and treatment. Where “an order and decision conflict, the decision controls” (Matter of Christina M., 247 AD2d 867 [1998], lv denied 91 NY2d 812 [1998]). Inasmuch as “[s]uch an inconsistency may be corrected ... on appeal” (Spier v Horowitz, 16 AD3d 400, 401 [2005]; see…
2Cases cited8 opinions
- Nicholson v. ScoppettaNew York Court of Appeals · 2004
- Spier v. HorowitzAppellate Division of the Supreme Court of the State of New York · 2005
- In re Harmony S.Appellate Division of the Supreme Court of the State of New York · 2005
- In re Christine II.Appellate Division of the Supreme Court of the State of New York · 2004
- In re Markus MM.Appellate Division of the Supreme Court of the State of New York · 2005
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