¶1The Family Court improperly relied on Family Court Act § 1037 (a) by, in effect, directing the mother to appear at a dispositional hearing. That section, which, among other things, permits the Family Court, under certain circumstances, to compel a respondent’s “initial appearance” in a Family Court Act article 10 proceeding (Family Ct Act §§ 1033-a, 1033-b), was *1250inapplicable, since the mother had already appeared before the Family Court and accepted service of the petition (see Family Ct Act § 1037 [a]; cf. Family Ct Act § 153). Mastro, J.E, Dillon, Balkin and Miller, JJ., concur.
82 A.D.3d 1249
In re Roselyn S.
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2011
Appellate Division of the Supreme Court of the State of New York · decided 2011-03-29
Decided 2011-03-29