N.Y. Family Court Act § 435: 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, child's attorney, 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.