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F.W. (MONROE W.)

11240.

183 A.D.3d 276 (2020)

122 N.Y.S.3d 620

2020 NY Slip Op 02385

In the Matter of F.W. and Another, Infants. MONROE W., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided April 23, 2020.

Attorney(s) appearing for the Case

The Bronx Defenders, Bronx ( David Shalleck-Klein and Saul Zipkin of counsel), and NYU School of Law Family Defense Clinic, Washington SQ. Legal Services, New York City ( Christine Gottlieb and Amy Mulzer of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York City ( Anna W. Gottlieb and Fay Ng of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York City ( Gary Solomon of counsel), Attorney for the Children.

RICHTER, J.P., MANZANET-DANIELS and MOULTON, JJ., concur.

OPINION OF THE COURT

We are asked to decide whether Family Court properly denied respondent's motion for an expedited hearing on a post-dispositional neglect proceeding. We find that Family Court should have granted the motion and held a prompt hearing in accordance with the parent's and the children's right to due process. Accordingly...

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