Matter of Dakota B. (Brigitta B.)
2010 NY Slip Op 03918 [73 AD3d 763]
May 4, 2010
Appellate Division, Second Department
As corrected through Wednesday, June 30, 2010


In the Matter of Dakota B., a Child Alleged to be Neglected.Rockland County Department of Social Services, Respondent; Brigitta B.,Appellant.

[*1]Greg T. Rinckey, Albany, N.Y., for appellant. Patricia Zugibe, County Attorney, NewCity, N.Y. (Thomas Dimick of counsel), for respondent. Christopher Widholm, New City, N.Y.,attorney for the child.

In a neglect proceeding pursuant to Family Court Act article 10, the mother appeals from anorder of fact-finding and disposition of the Family Court, Rockland County (Warren, J.), datedNovember 21, 2008, which, after fact-finding and dispositional hearings, found that sheneglected the subject child and, inter alia, placed the child with the father.

Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.

At all six court appearances scheduled for a fact-finding hearing, the mother requested anadjournment, citing unsubstantiated medical issues, as well as personal issues, and a need formore time to prepare her case. The Family Court granted several of the mother's adjournmentrequests, extending the case from March to August 2008, but declined to grant anotheradjournment on August 14, 2008. Under the circumstances of this case, the Family Court'sdecision to deny the mother's request for another adjournment was not an improvident exerciseof discretion (see Matter of StevenB., 6 NY3d 888, 889 [2006]; Matter of Holmes v Glover, 68 AD3d 868, 869 [2009]; Diamond v Diamante, 57 AD3d826, 827-828 [2008]; Matter ofPaulino v Camacho, 36 AD3d 821, 822 [2007]). Dillon, J.P., Balkin, Lott and Sgroi, JJ.,concur.


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