Opinion
2019–07078 Docket Nos. N-7281-19, N-7282-19
06-03-2020
In the MATTER OF BRYCE L. (Anonymous). Administration for Children's Services, respondent; v. David B. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Harley B. (Anonymous). Administration for Children's Services, respondent; v. David B. (Anonymous), appellant. (Proceeding No. 2)
Brooklyn Defender Services, Family Defense Practice, Brooklyn, N.Y. (Piyali Basak and Kathryn V. Lissy of counsel), for appellant. James E. Johnson, Corporation Counsel, New York, N.Y. (Deborah A. Brenner and Julia Bedell of counsel), for respondent. Janet E. Sabel, New York, N.Y. (Dawne A. Mitchell and Judith Stern of counsel), attorney for the children.
Brooklyn Defender Services, Family Defense Practice, Brooklyn, N.Y. (Piyali Basak and Kathryn V. Lissy of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York, N.Y. (Deborah A. Brenner and Julia Bedell of counsel), for respondent.
Janet E. Sabel, New York, N.Y. (Dawne A. Mitchell and Judith Stern of counsel), attorney for the children.
JOHN M. LEVENTHAL, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, JOSEPH J. MALTESE, JJ.
DECISION & ORDER In related proceedings pursuant to Family Court Act article 10, the father appeals from an order of the Family Court, Kings County (Ilana Gruebel, J.), dated June 12, 2019. The order, after a hearing, found that the father willfully violated a temporary order of protection issued on March 18, 2019, and committed him to a three-month term of incarceration. By decision and order on motion of this Court dated July 8, 2019, enforcement of the order dated June 12, 2019, was stayed pending the hearing and determination of the appeal. ORDERED that the order is reversed, on the law, without costs or disbursements.
The failure of the Family Court to personally serve the appellant with the order to show cause upon initiation of the contempt proceeding was a jurisdictional defect (see Matter of Howard T.P. v. Maria B., 237 A.D.2d 443, 654 N.Y.S.2d 419 ; Matter of Minter, 132 A.D.2d 701, 518 N.Y.S.2d 181 ). Accordingly, we reverse the order.
LEVENTHAL, J.P., ROMAN, COHEN and MALTESE, JJ., concur.