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Commissioner of Social Services v. Thornton

94 A.D.2d 974 Court N.Y. App. Div. Decision date 1983-05-25 English

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p. 974
In the Matter of the Commissioner of Social Services of the County of Erie, on Behalf of Stacia White, Appellant, v George J. Thornton, Respondent.

— Order unanimously reversed, without costs, and petition reinstated. Memorandum: It appears that petitioner was informed only 15 minutes before the hearing in this matter that the doctor whose medical testimony was necessary was called on an emergency. Under those circumstances, it was an abuse of discretion for the court to deny petitioner an adjournment (Family Ct Act, § 533). (Appeal from order of Erie County Family Court, Sedita, J. — paternity.) Present — Hancock, Jr., J. P., Callahan, Denman, Green and Moule, JJ.