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In re Amanda S.

255 A.D.2d 1009 Court N.Y. App. Div. Decision date 1998-11-13 English

Contents

Majority

p. 1009
In the Matter of Amanda S. and Another, Children Alleged to be Neglected. Erie County Department of Social
p. 1010
Services, Respondent; Cindy Lou P. et al., Appellants.
[679 NYS2d 774]

—Order unanimously affirmed without costs. Memorandum: After filing a petition alleging neglect against respondents, petitioner requested a preliminary order of supervision. Family Court Act § 1027 (a) provides for a hearing on that request to determine whether “the child [ren]’s interests require protection pending a final order of disposition”, and Family Court must set forth the reasons for its determination (see, Family Ct Act § 1027 [fl). Reversal is not required by the court’s failure to hold a hearing, however, because respondents waived their right to one. In response to the court’s offer to hold a hearing on the issue of the preliminary order, respondents’ attorney stated, “[Wje’re not choosing to pursue that route.” (Appeal from Order of Erie County Family Court, Szczur, J. — Neglect.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.