Appellate Division of the Supreme Court of New York, 1998

In re Melissa M. P.

In re Melissa M. P.
Appellate Division of the Supreme Court of New York · Decided November 13, 1998
255 A.D.2d 990; 679 N.Y.S.2d 913; 1998 N.Y. App. Div. LEXIS 12274
In re Melissa M. P.

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion in denying respondent’s oral motion, made at the close of the fact-finding hearing, for an adjournment to enable respondent to file a brief before the court determined whether the children were permanently neglected (see, Family Ct Act § 1048 [a]; see also, Matter of Germaine B., 86 AD2d 847, 848). Respondent offered no evidence at trial, and counsel for respondent failed to indicate how such a brief could assist the court. (Appeal from Order of Erie County Family Court, Mix, J. — Terminate Parental Rights.) Present — Denman, P. J., Wisner, Pigott, Jr., Callahan and Fallon, JJ.

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