Hyperlawhypertext legal database In re Melissa M. P. 255 A.D.2d 990

← Cases

In re Melissa M. P.

255 A.D.2d 990 Court N.Y. App. Div. Decision date 1998-11-13 Docket Appeal No. 1 English

Contents

Majority

p. 990
In the Matter of Melissa M. P., a Child Alleged to be Permanently Neglected. Erie County Department of Social Services, Respondent; Josephine M. P., Appellant.
(Appeal No. 1.)
[679 NYS2d 913]

—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.