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MATTER OF GABRIEL M.

128 Misc.2d 313 (1985)

In the Matter of Gabriel M. and Others, Children Alleged to be Neglected. Zaida M., Respondent.

Family Court, Kings County.

May 2, 1985

Attorney(s) appearing for the Case

Kenneth J. Burford for Commissioner of the Department of Social Services. Lenore Gittis and David Cohoes, Law Guardians. Jay Weiss for respondent.

STANLEY GARTENSTEIN, J.

In the wake of the action of the Court of Appeals holding unconstitutional the major provisions (viz., the last sentence) of Family Court Act § 1039 (e) (cf. Matter of Marie B., 62 N.Y.2d 352), the question left open by this ruling was whether or not a nisi prius court must conduct a preliminary hearing prior to vacatur of an adjournment in contemplation of dismissal (ACD)...

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