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MATTER OF ROSELYN S. ADMINISTRATION FOR CHILDREN'S SERVICES

2010-10576.

82 A.D.3d 1249 (2011)

919 N.Y.S.2d 390

In the Matter of ROSELYN S. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; RACHEL H., Appellant.

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

Decided March 29, 2011.

Ordered that the order is reversed, on the law, without costs or disbursements.

The Family Court improperly relied on Family Court Act § 1037 (a) by, in effect, directing the mother to appear at a dispositional hearing. That section, which, among other things, permits the Family Court, under certain circumstances, to compel a respondent's "initial appearance" in a Family Court Act article 10 proceeding (Family Ct Act §§ 1033-a, 1033-b), was

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