In re Michael W.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memoran*866dum: Family Court abused its discretion in entering an order upon default terminating respondent’s parental rights after soliciting and authorizing a motion for withdrawal of counsel without notice to respondent. Consequently, the order must be reversed and the matter remitted to Family Court for reassignment of counsel and a new fact-finding hearing (see, Matter of Tierra C., 234 AD2d 1003; see also, Matter of Dominique L. B., 231…
2Cases cited2 opinions
- In re Dominique L. B.Appellate Division of the Supreme Court of the State of New York · 1996
- In re Tierra C.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by5 opinions
- In re La'Derrick W.Appellate Division of the Supreme Court of the State of New York · 2009
- In re Davontae D.Appellate Division of the Supreme Court of the State of New York · 2009
- In re Doe ChildrenNew York City Family Court · 2005
- Matter of Doe ChildrenNew York Family Court, Onondaga County · 2005
- Matter of Menghi v. Trotta-MenghiAppellate Division of the Supreme Court of the State of New York · 2018