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MATTER OF BRANDON B.

272 A.D.2d 953 (2000)

708 N.Y.S.2d 652

In the Matter of BRANDON B., a Child Alleged to be Neglected. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant; LINDA B., Respondent.

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

Decided May 10, 2000.

Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings on the petition.

Memorandum:

Family Court erred in ordering this neglect proceeding adjourned in contemplation of dismissal. Such an adjournment may not be ordered without the consent of petitioner (see, Family Ct Act § 1039 [a]; Matter of Regina X., 132 A.D.2d 666; Matter of Amlinger...

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