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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
CourtAppellate Division, First Department
DecidedOctober 6, 2026
Citation2026 NY Slip Op 05718
Area of lawFamily Law
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05718
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id940

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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Published October 6, 2026. Updated October 6, 2026.