Cindy Lou P. and John P., Appellants. v. << (1998)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of AMANDA S. and Guiliano P., Children Alleged to be Neglected. Erie County Department of Social Services, Respondent; Cindy Lou P. and John P., Appellants.

Decided: November 13, 1998

Before PINE, J.P., and HAYES, WISNER, PIGOTT and BOEHM, JJ.

Matusick, Spadafora & Verrastro, Kelly A. Feron, Buffalo, for Respondents-Appellants Cindy Lou and John P. Erie County Dept. of Social Services by James Harmon, Buffalo, for Petitioner-Respondent Erie County DSS. Elizabeth M. Colucci, Buffalo, for Law Guardian.

After filing a petition alleging neglect against respondents, petitioner requested a preliminary order of supervision. Family Court Act § 1027(a) provides for a hearing on that request to determine whether “the child[ren]'s interests require protection pending a final order of disposition”, and Family Court must set forth the reasons for its determination (see, Family Ct. Act § 1027[f] ). Reversal is not required by the court's failure to hold a hearing, however, because respondents waived their right to one. In response to the court's offer to hold a hearing on the issue of the preliminary order, respondents' attorney stated, “[W]e're not choosing to pursue that route.”

Order unanimously affirmed without costs.

MEMORANDUM:

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