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MATTER OF ADIVA B.

1 A.D.3d 143 (2003)

766 N.Y.S.2d 838

In the Matter of ADIVA B. and Another, Infants. TEKYA B. et al., Respondents; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant.

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

November 13, 2003.

ACS's failure to have an attorney present at the appointed time for an adjourned hearing was the result of a series of miscommunications involving the originally assigned ACS attorney, the replacement attorney, and their supervisor, and not a willful neglect or violation of duty (see Conforti v Goradia, 234 A.D.2d 237, 238-239 [1996]). Insofar as the order appealed refers to a pattern of mistakes, the contempt finding was based solely...

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