In re Prince Mc.
Cases that cite this one
1 later published case cites this decision.
- Matter of Danazah B.D. (Audrey B.) (Appellate Division of the Supreme Court of New York 2015)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Contrary to the determination of the Family Court, the mother’s prior waiver of her right to a hearing pursuant to Family Court Act § 1028 (a), which occurred before she made the present motion to return the subject children to her custody pursuant to Family Court Act § 1028, did not warrant the denial of her present motion without a hearing. Family Court Act § 1028 expressly permits the making of an application under that statute at any time during the pendency of the proceedings, notwithstanding a prior waiver of the right to a hearing under that statute (see Family Ct Act § 1028 [a]). Mastro, J.E, Angiolillo, Belen and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.