Appellate Division of the Supreme Court of New York, 2012

Albert v. Albert

Albert v. Albert
Appellate Division of the Supreme Court of New York · Decided December 26, 2012
101 A.D.3d 1112; 955 N.Y.2d 884
Albert v. Albert

Opinion of the Court

Contrary to the mother’s contention, under the circumstances of this case, she was not deprived of her right to counsel (see Family Ct Act § 262 [a] [vi]; cf Matter of Scott v Scott, 62 AD3d 714, 715 [2009]). Moreover, the Support Magistrate providently exercised her discretion in denying the mother’s request for an adjournment (see Family Ct Act § 435 [a]; cf. Matter of Keenan v Keenan, 51 AD3d 1075, 1077 [2008]). The mother was repeatedly informed that, if she did not appear with counsel, the hearing would continue without any additional adjournments. Rivera, J.P., Dillon, Leventhal and Chambers, JJ., concur.

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