Appellate Division of the Supreme Court of New York, 2011

Garner v. Garner

Appellate Division of the Supreme Court of New York · Decided October 4, 2011

88 A.D.3d 708; 930 N.Y.2d 465

Cases that cite this one

6 later published cases cite this decision.

Matter of Gabrielle N. (Jacqueline T.) (Appellate Division of the Supreme Court of New York 2016)
Matter of Naquan L.G. (Carolyn C.) (Appellate Division of the Supreme Court of New York 2014)
READER, JUDY T. v. READER, ROBERT W. (Appellate Division of the Supreme Court of New York 2012)
Garner v. Garner (Appellate Division of the Supreme Court of New York 2012)
Chu Man Woo v. Qiong Yun Xi (Appellate Division of the Supreme Court of New York 2012)
Chu Man Woo v. Qiong Yun Xi (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*709The petitioner father contends that the Family Court failed to take the appropriate measures to protect his right to assigned counsel pursuant to Family Court Act § 262 (a) (see generally Matter of Casey N., 59 AD3d 625 [2009]). However, the issue cannot be resolved on the record provided to this Court since it does not contain a transcript for the proceedings held on July 29, 2009. Accordingly, we remit the matter to the Family Court, Queens County, for a reconstruction hearing with respect to those proceedings conducted in the above-entitled case before Court Attorney Referee Francine Seiden on July 29, 2009, which cannot be transcribed, and the appeal is held in abeyance in the interim (see Matter of Hall v Ladson, 18 AD3d 753 [2005]; Matter of Olson v Olson, 8 AD3d 285 [2004]; accord CPLR 5525 [d]; cf. Matter of Remy v Mitchell, 60 AD3d 860 [2009]; Matter of Jordal v Jordal, 193 AD2d 1102 [1993]). Dillon, J.E, Belen, Sgroi and Miller, JJ., concur.

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