Appellate Division of the Supreme Court of New York, 1983

Commissioner of Social Services v. Thornton

Commissioner of Social Services v. Thornton
Appellate Division of the Supreme Court of New York · Decided May 25, 1983
94 A.D.2d 974; 464 N.Y.S.2d 99; 1983 N.Y. App. Div. LEXIS 18469
Commissioner of Social Services v. Thornton

Opinion of the Court

— Order unanimously reversed, without costs, and petition reinstated. Memorandum: It appears that petitioner was informed only 15 minutes before the hearing in this matter that the doctor whose medical testimony was necessary was called on an emergency. Under those circumstances, it was an abuse of discretion for the court to deny petitioner an adjournment (Family Ct Act, § 533). (Appeal from order of Erie County Family Court, Sedita, J. — paternity.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.

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