From Casetext: Smarter Legal Research

Matter of Joseph

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1995
211 A.D.2d 586 (N.Y. App. Div. 1995)

Opinion

January 31, 1995

Appeal from the Family Court, Bronx County (Rhoda Cohen, J.).


Respondent-appellant's counsel appeared on her behalf at the time the extension of placement was ordered by the Family Court Judge on August 5, 1994, and failed to raise any issue of timeliness in the filing of the petition by the presentment agency or of notice to appellant; nor did counsel raise any issue of lack of jurisdiction over appellant. Thus, we deem appellant to have waived any objection to the nonconformance with the statute concerning filing, notice and service of the petition. We find that the best interests of the child were served by the extension of the child's placement.

We have examined appellant's other contentions and find them without merit.

Concur — Sullivan, J.P., Wallach, Kupferman and Ross, JJ.


Summaries of

Matter of Joseph

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1995
211 A.D.2d 586 (N.Y. App. Div. 1995)
Case details for

Matter of Joseph

Case Details

Full title:In the Matter of JOSEPH H., an Infant. ST. CHRISTOPHER-OTTILIE…

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

Date published: Jan 31, 1995

Citations

211 A.D.2d 586 (N.Y. App. Div. 1995)
621 N.Y.S.2d 873

Citing Cases

MATTER OF KATY Z

Respondents contend that Family Court erred in failing to dismiss the petition for an extension of placement…