Appellate Division, First Department · October 6, 2026 · 2026 NY Slip Op 05718
Matter of C.B. (L.B.)
Read the official decision: 2026 NY Slip Op 05718
Holding The Family Court properly denied the parents’ motions to dismiss the neglect petition with prejudice because it could not do so without first conducting a fact-finding hearing to determine that intervention was not required. Additionally, the voluntary withdrawal of the petition by ACS did not mandate dismissal with prejudice in the absence of a showing that the petition was filed to harass or annoy respondents.
The court’s words
Family Court providently exercised its discretion in denying the parents' respective motions to dismiss the neglect petition with prejudice
2026 NY Slip Op 05718, at the official text
No showing was made that the petition was filed to harass or annoy respondents, or that ACS requested the discontinuance to avoid an adverse determination
2026 NY Slip Op 05718, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 6, 2026 |
| Citation | 2026 NY Slip Op 05718 |
| Area of law | Family Law |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05718 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 940 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of C.B. (L.B.), 2026 NY Slip Op 05718 (Appellate Division, First Department, October 6, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05718/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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