MATTER OF SHAZZI T. v. ERNEST G.

16524

135 A.D.3d 410 (2016)

24 N.Y.S.3d 12

2016 NY Slip Op 00008

In the Matter of SHAZZI T., Appellant, v. ERNEST G., Respondent.

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

Decided January 5, 2016.


The Family Court improvidently exercised its discretion by denying petitioner's request for a short adjournment so that she could amend the family offense petition and newly appointed counsel could familiarize herself with the case. Leave to amend should be freely granted so long as the amendment is not plainly lacking in merit and there is no significant prejudice to the nonmoving party (see Edenwald Contr. Co. v City of New York, 60 N.Y.2d 957

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