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MATTER OF JESSE M.

2009-06132

73 A.D.3d 780 (2010)

899 N.Y.S.2d 666

In the Matter of JESSE M., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent. CYNTHIA L., Respondent. STEVEN BANKS, as Attorney for the Child, Nonparty Appellant. JOSEPH M., Nonparty Respondent. (Proceeding No. 1.) In the Matter of NIKOLAS L., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent. CYNTHIA L., Respondent. STEVEN BANKS, as Attorney for the Child, Nonparty Appellant. JOSEPH M., Nonparty Respondent. (Proceeding No. 2.) In the Matter of SAPPHIRE M., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent. CYNTHIA L., Respondent. STEVEN BANKS, as Attorney for the Child, Nonparty Appellant. JOSEPH M., Nonparty Respondent. (Proceeding No. 3.) In the Matter of SHAWN M., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent. CYNTHIA L., Respondent. STEVEN BANKS, as Attorney for the Child, Nonparty Appellant. JOSEPH M., Nonparty Respondent. (Proceeding No. 4.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 4, 2010.

Ordered that the order dated July 1, 2009, is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and the matter is remitted to the Family Court, Richmond County, for further proceedings consistent herewith.

The Family Court improvidently exercised its discretion in awarding temporary custody of the subject children Jesse M., Sapphire M., and Shawn M. to the father without a hearing...

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