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MATTER OF H.

105 A.D.2d 1149 (1984)

In the Matter of Cynthia H.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 7, 1984

Order unanimously reversed, without costs, and petition dismissed.

Memorandum:

Family Court committed reversible error in this proceeding pursuant to article 7 of the Family Court Act when it played the role of the County Attorney, who was absent, and called and examined witnesses against the respondent at the fact-finding hearing (cf. People v Yut Wai Tom, 53 N.Y.2d 44, 56-58). Moreover, the evidence adduced at that...

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