Fouth Department – Family Court: Matter of Tyler W.

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Appellate Division, Fourth Department – Family Court – Dispositional Hearing – Adjournment – Good Cause

Matter of Tyler W.

CAF 13-00754

Appealed from Family Court, Chautauqua County

Background: The respondent mother appealed from an order finding that she neglected her children and placing the children in the petitioner’s custody.

Ruling: The Appellate Division vacated the disposition and remanded for a new hearing. The court noted that any error in the admission of hearsay statements is harmless as the fact-finding hearing established that the physical, mental or emotional condition of the children was in imminent danger of becoming impaired as the mother regularly exposed the children to domestic violence, drug use, and her own mental instability. However, the Appellate Division held that it was in error to deny her attorney’s request for an adjournment because the mother could not attend as there was good cause to do so.

Elizabeth deV. Moeller of D.J. & A.J. Cirando for the respondent-appellant; Barbara L. Widrig for the petitioner-respondent; Sherry A. Bjork, attorney for the children