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MATTER OF KRYSTLE L.B. v. CRYSTAL L.W.

2018-02310. Docket No. G-5123-17.

166 A.D.3d 876 (2018)

85 N.Y.S.3d 891

2018 NY Slip Op 08019

In the Matter of Krystle L.B., Respondent, v. Crystal L.W., Respondent, and James E.S. III, Appellant.

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

Decided November 21, 2018.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Dutchess County, for a new hearing in accordance herewith and a new determination thereafter on the guardianship petition.

An incarcerated parent has a fundamental right to be heard in a proceeding impacting the care and control of his or her child (see Matter of Jung [State Commn. on Jud. Conduct], 11 N.Y.3d 365<...

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