Justia Application to Restore Case Adjourned

Order - Adjournment in Contemplation of Dismissal

At a term of the Family Court of the
State of New York, held in and for
the County of New York,

at

on

PRESENT:

Hon.

Judge

Respondent(s)

The petition of under Article 10 of the Family Court Act, sworn to
on having been filed in this Court, alleging that [ specify child(ren)]:

(is) (are) [check box(es)]: neglected abused severely abused repeatedly abused;

And Petitioner, Respondent(s) and counsel for Respondent(s) and the child(ren)'s attorney(s)
having appeared before this Court;

And [check applicable box(es)]:

The matter having duly come on for a fact-finding hearing before this Court and
the Court having found on the basis of the fact-finding hearing the admission of
Respondent(s) [specify]:

that the Respondent(s)[specify]: committed the following act(s) [specify]:

The Respondent(s)[specify]:

having consented to a finding of neglect abuse severe abuse repeated abuse without
admission, upon the consent of Petitioner and the attorney for the child;

The matter not yet having come on for a fact-finding hearing before this Court;

And Petitioner, Respondent(s) and the child(ren)'s attorney(s) having consented that this
proceeding be adjourned in contemplation of dismissal;

Now, therefore, upon the motion of this Court Petitioner, it is hereby

ORDERED that the petition herein is adjourned in contemplation of dismissal until [specify
date]: , upon the following terms and conditions with a view to
ultimate dismissal of the petition in furtherance of justice [specify]:

; and it is further

ORDERED that during the period of adjournment, the child shall reside in the custody of
[specify parent(s)]:

ORDERED that [check applicable box]:

the child protective agency shall make a progress report to the court, parties, their attorneys,
the non-respondent parent and the attorney for the child on the implementation of this order no later
than ninety (90) days from the date of this order and shall make further reports as follows [specify]:

under the facts and circumstances of this case a progress
report need not be made; and it is further

ORDERED that, if the proceeding has not been restored to the calendar and if no application
for restoration is pending as of the expiration date of this order and if this order has not been
extended, the child protective agency shall report to the Court, the attorney for the child, the parties,
their attorneys and the non-respondent parent on the status and circumstances of the child and family
and any actions contemplated, if any, by the agency with respect to the child and family; and it is
further

ORDERED that, if the proceeding has not been restored to the calendar and if no application
for restoration is pending as of the expiration date of this order and if this order has not been
extended, the petition shall be deemed dismissed in furtherance of justice; and it is further

ORDERED that

ENTER

PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDER
MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35
DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF
COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILD UPON
THE APPELLANT, WHICHEVER IS EARLIEST.

Check applicable box:

Order mailed on [specify date(s) and to whom mailed ]:

Order received in court on [specify date(s) and to whom given]: