TaiLexi AI U.S. Case Law

In re Angel F.

In the Matter of Angel F., a Person Alleged to be a Juvenile Delinquent

In re Angel F., 273 A.D.2d 71 (2000)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
June 13, 2000
Citations
273 A.D.2d 71709 N.Y.S.2d 762000 N.Y. App. Div. LEXIS 6597

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Order, Family Court, New York County (Sheldon Rand, J.), entered on or about July 21, 1999, which granted the petition of the New York State Office of Children and Family Services for extension of respondent-appellant’s placement for a period of 6 months, unanimously reversed, on the law, without costs, and the petition dismissed.

It is uncontroverted that on July 2, 1999, when Family Court issued a temporary order extending respondent’s placement, his original placement had expired on June 16, 1999. Since the *72 temporary order of extension was issued after the original placement had expired, Family Court lacked jurisdiction to extend the placement (see, Family Ct Act § 355.3 [1]; Matter of Wayne S., 193 AD2d 371, 373 ). Petitioner’s claim that it was not required to credit respondent’s placement with 16 days resulting from detention on an unrelated matter that was eventually dismissed (see, Executive Law § 510-b [7] [b]) lacks merit. Although petitioner asserts that it lacked knowledge of the dismissal, the record reflects that it was aware of respondent’s open case and was in fact tracking the matter while respondent was in its custody. Petitioner offers no explanation justifying its failure to ascertain the disposition of that case and credit respondent’s placement accordingly. Concur— Nardelli, J. P., Tom, Mazzarelli, Ellerin and Friedman, JJ.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

  • (holding credit due for time served on charges that were "eventually dismissed" but not stating whether dismissal occurred before OCFS sentence expired and whether the time on the unrelated charges was served in OCFS custody)
2001: 220012026peak 2001 · 2

Relies on it most ⓘ

  1. Huang ex rel. Yu v. Johnson251 F.3d 65 (2d Cir. 2001)
  2. Huang v. Johnson251 F.3d 65 (2d Cir. 2001)

Most recent

  1. Huang v. Johnson251 F.3d 65 (2d Cir. 2001)
  2. Huang ex rel. Yu v. Johnson251 F.3d 65 (2d Cir. 2001)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
In re Wayne S., 193 A.D.2d 371 (1993) 11

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list