Appellate Division of the Supreme Court of New York, 1986

In re Alethea B.

In re Alethea B.
Appellate Division of the Supreme Court of New York · Decided February 21, 1986
117 A.D.2d 985; 499 N.Y.S.2d 287; 1986 N.Y. App. Div. LEXIS 53222
In re Alethea B.

Opinion of the Court

—Order unanimously reversed, on the law, without costs, and matter remitted to Erie County Family Court for a hearing and further proceedings not inconsistent with the following memorandum: Family Court erred in sentencing appellant for failing to comply with the terms and conditions of a temporary order of protection (Family Ct Act § 1072 [b]). Appellant was not present nor advised of his right to be heard and to present witnesses (see, Matter of Ryan v Ryan, 42 AD2d 733). (Appeal from order of Erie County Family Court, Killeen, J.—violation of order of protection.) Present—Doerr, J. P., Denman, Green, O’Donnell and Schnepp, JJ.

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