MATTER OF KARLA V. v. ANGEL L.

1652

68 A.D.3d 443 (2009)

2009 NY Slip Op 8967

888 N.Y.S.2d 880

In the Matter of KARLA V., Respondent, v. ANGEL L., Appellant.

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

Decided December 3, 2009.


Respondent, who was incarcerated at the time of the December 17, 2007 hearing, was entitled to an opportunity to be heard (Family Ct Act § 433 [a]). Although he wrote the court advising of his incarceration and his desire to participate in the hearing, no effort was made to produce him for the hearing or to permit him to testify by telephone or other electronic means as permitted in such circumstances (Family Ct Act § 433 [c] [ii]). "[E]ven an incarcerated parent...

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