Monroe County Department of Human and Health Services, Petitioner-Respondent. v. <<

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

Matter of VANESSA S., Respondent-Appellant. Monroe County Department of Human and Health Services, Petitioner-Respondent.

Decided: July 01, 2005

PRESENT:  PIGOTT, JR., P.J., HURLBUTT, SCUDDER, PINE, AND LAWTON, JJ. Ardeth L. Houde, Law Guardian, Rochester, for Respondent-Appellant. Daniel M. DeLaus, County Attorney, Rochester (Paul N. Humphrey of Counsel), for Petitioner-Respondent.

Respondent appeals from an order that extended her placement in the care and custody of petitioner following her admission that she violated a prior order of placement resulting from an adjudication that she was a person in need of supervision.   The sole contention of respondent on appeal is that her right to due process was denied when Family Court failed to afford her an opportunity to present evidence at a dispositional hearing.   We conclude that respondent failed to preserve her contention for our review because, although she requested a hearing, her contention concerning due process is raised for the first time on appeal (see e.g. Matter of Brandon J., 302 A.D.2d 965, 755 N.Y.S.2d 534;  Matter of Jasen P.M., 289 A.D.2d 1033, 735 N.Y.S.2d 839).   In any event, no hearing is required pursuant to Family Court Act § 778.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: