Appellate Division of the Supreme Court of New York, 1979

In re Bernard E.

In re Bernard E.
Appellate Division of the Supreme Court of New York · Decided July 2, 1979 · Damiani
71 A.D.2d 604; 418 N.Y.S.2d 121; 1979 N.Y. App. Div. LEXIS 12811
In re Bernard E.

Opinion of the Court

In a proceeding pursuant to article 7 of the Family Court Act, the appeal is from an order of the Family Court, Orange County, dated March 22, 1977, which adjudicated appellant a juvenile delinquent and imposed restrictive placement confinement. Order affirmed, without costs or disbursements. There was no deprivation of due process merely because the same Judge presided over two fact-finding hearings involving the appellant (see Matter of Jose L., 64 AD2d 598). Hopkins, J. P., Titone and Margett, JJ., concur.

Dissenting Opinion

Damiani, J.,

dissents and votes to reverse the order in the interest of justice and remit the matter to the Family Court for further proceedings for the reasons expressed in the dissent of Mr. Justice Sandler at the Appellate Division, First Department, in Matter of Jose L. (64 AD2d 598).

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