In re Denise M. W.
Opinion of the Court
— Order unanimously reversed, on the law, without costs, and petition dismissed. Memorandum: Family Court erred in entering an order adjourning this proceeding in contemplation of dismissal (see, Family Ct Act § 749). The Law Guardian’s motion to dismiss the petition made at the close of the fact-finding hearing should have been granted. The allegations of the petition failed to allege, and the evidence at the hearing failed to establish beyond a reasonable doubt as required by Family Court Act § 744, that the juvenile was "a person in need of supervision” within the meaning of Family Court Act § 712 (a). It is well settled that there must be more than an isolated incident to support a determination that a juvenile is "in need
Case-law data current through December 31, 2025. Source: CourtListener bulk data.