Davis v. Davis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*83OPINION OF THE COURT
Hurlbutt, J.
At issue before us on this appeal is whether Supreme Court erred in refusing to remove a Law Guardian who moved on behalf of the parties’ children to modify the existing joint custody arrangement. The Law Guardian sought an award of sole custody to plaintiff father, who retained and paid for the services of the Law Guardian. We conclude that the Law Guardian is disqualified from so serving by an inherent conflict of interest. Thus, the order awarding plaintiff sole custody should be reversed, the motion to renew granted, and, upon renewal, the cross motion…
2Cases cited12 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- Kagen v. KagenNew York Court of Appeals · 1968
- Farnham v. FarnhamAppellate Division of the Supreme Court of the State of New York · 1998
- People v. EvansNew York Court of Appeals · 1985
- Vecchiarelli v. VecchiarelliAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by13 opinions
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- McDermott v. BaleAppellate Division of the Supreme Court of the State of New York · 2012
- Cole v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2004
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