Judgment reversed on the law, without costs, and proceeding remitted to the Special Term for immediate proceedings consistent with this memorandum.
A remission is required because: (1) the probation report from the Family Court, which the Justice had ordered, was utilized by him without the opportunity of examination being accorded to counsel; and no approval or stipulation was obtained permitting this report to be used confidentially by the court; (2) the examination...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
