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MATTER OF DANAZAH B. D.

2014-07503, Docket No. N-26046-12.

125 A.D.3d 964 (2015)

1 N.Y.S.3d 865

In the Matter of DANAZAH B. D., Also Known as DANAZAH B. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; AUDREY B., Appellant.

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

Decided February 25, 2015.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a hearing pursuant to Family Court Act § 1028 and a new determination of the mother's motion thereafter.

The Family Court has no discretion to deny, without a hearing, a parent's application pursuant to Family Court § 1028 if the conditions of the statute are satisfied (see Matter of Prince Mc. [Wendell Mc....

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