MATTER OF THOR C.

CAF 10-00916.

83 A.D.3d 1585 (2011)

921 N.Y.S.2d 588

In the Matter of THOR C., a Child Alleged to be Neglected. CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; CAROL C., Appellant.

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

Decided April 29, 2011.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the matter is remitted to Family Court, Cattaraugus County, for a new fact-finding hearing on the issue of respondent's alleged neglect of her son.

Memorandum: Respondent mother appeals from an order that, inter alia, adjudged that she neglected her son. We agree with the mother that Family Court violated her right to due process by refusing to permit her to testify...

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