2006 New York Code - Procedure; Adjournment; Confidentiality Of Requests.



 
    §  435.  Procedure;  adjournment;  confidentiality  of  requests.  (a)
  Hearings are conducted by the  court  without  a  jury.  The  court  may
  adjourn  the hearing to enable it to make inquiry into the surroundings,
  conditions and capacities of the child, into the financial abilities and
  responsibilities of both parents and for  other  proper  cause.  If  the
  court  so adjourns the hearing, it may require the respondent to give an
  undertaking to appear or in default thereof may  commit  him  until  the
  hearing resumes.
    (b)  Hearings are conducted without a jury. The support magistrate may
  adjourn the hearing in order to  make  inquiry  into  the  surroundings,
  conditions  and capacities of the child and into the financial abilities
  and  responsibilities  of  both  parents  and  for  other  proper  cause
  including  a referral of issues required to be determined by a judge. If
  the support magistrate so adjourns the hearing, the  support  magistrate
  shall  make a temporary order of support, pending a final determination,
  and may require the respondent to give an undertaking to  appear  or  in
  default  thereof  may, subject to the provisions in section four hundred
  thirty-nine of this act and confirmation by a judge, commit him  or  her
  until  the  hearing resumes. The support magistrate shall enter an order
  of support on default if the respondent fails to answer or appear  after
  having been properly served.
    (c)  Reports prepared by the probation service for use by the court at
  any time prior to the making of an order of disposition shall be  deemed
  confidential  information  furnished  to  the court which the court in a
  proper case may, in its discretion, withhold from or disclose  in  whole
  or  in  part  to the support magistrate, law guardian, counsel, party in
  interest, or other appropriate person. Such  reports  may  not  be  made
  available  to  the court prior to a determination that the respondent is
  liable under this article for the support of the petitioner.

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