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Matter of Whitney

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1061 (N.Y. App. Div. 1993)

Opinion

December 29, 1993

Appeal from the Allegany County Family Court, Sprague, J.

Present — Pine, J.P., Balio, Lawton, Doerr and Boehm, JJ.


Order unanimously reversed on the law without costs and petition dismissed. Memorandum: The record establishes, as found by Family Court, that while respondent was incarcerated he reasonably planned for the future of his children. Family Court thus erred in concluding that respondent permanently neglected his children (see, Social Services Law § 384-b; see generally, Matter of Gregory B., 74 N.Y.2d 77). Moreover, because the petition failed to specify, as required by Family Court Act § 614 (1) (c), the diligent efforts that petitioner undertook to encourage and strengthen the parental relationship, it was jurisdictionally defective and must be dismissed (see, Matter of Karen L., 80 A.D.2d 681, 682; see generally, Matter of David T., 75 N.Y.2d 927).


Summaries of

Matter of Whitney

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 29, 1993
199 A.D.2d 1061 (N.Y. App. Div. 1993)
Case details for

Matter of Whitney

Case Details

Full title:In the Matter of PHILLIP WHITNEY B., and Others, Children Alleged to be…

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

Date published: Dec 29, 1993

Citations

199 A.D.2d 1061 (N.Y. App. Div. 1993)
605 N.Y.S.2d 609

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