From Casetext: Smarter Legal Research

Matter of Magdalene

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1992
180 A.D.2d 799 (N.Y. App. Div. 1992)

Summary

In Matter of Magdalene N., 180 A.D.2d 799, 580 N.Y.S.2d 435, the juvenile appellant had absconded from her placement, and a warrant was issued for her arrest.

Summary of this case from Allain v. Oriola-Allain

Opinion

February 24, 1992

Appeal from the Family Court, Kings County (Schechter, J.).


Ordered that the appeal is dismissed, without costs or disbursements.

The appellant has absconded from her placement with the Division for Youth and a warrant has been issued for her arrest. Therefore, since the appellant is unavailable to obey the mandate of the court, the appeal is dismissed (see, People v. Howe, 32 N.Y.2d 766; People v. Barnes, 143 A.D.2d 837). Sullivan, J.P., Eiber, O'Brien and Ritter, JJ., concur.


Summaries of

Matter of Magdalene

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1992
180 A.D.2d 799 (N.Y. App. Div. 1992)

In Matter of Magdalene N., 180 A.D.2d 799, 580 N.Y.S.2d 435, the juvenile appellant had absconded from her placement, and a warrant was issued for her arrest.

Summary of this case from Allain v. Oriola-Allain
Case details for

Matter of Magdalene

Case Details

Full title:In the Matter of MAGDALENE N., a Person Alleged to be a Juvenile…

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

Date published: Feb 24, 1992

Citations

180 A.D.2d 799 (N.Y. App. Div. 1992)
580 N.Y.S.2d 435

Citing Cases

Allain v. Oriola-Allain

This Court has also employed the “unavailable-to-obey” paradigm in dismissing an appeal in a juvenile…