Legal Opinion
Commissioner of Genesee County Department of Social Services ex rel. Gibson v. Jones
Appellate Division of the Supreme Court of the State of New York
Decided September 30, 2011PublishedCited by 4 opinions
1Opinion of the Court
Memorandum:
Respondent father appeals from an order confirming the Support Magistrate’s determination that he willfully failed to obey an order of Family Court and sentencing him to six months in jail. We agree with the father that the court erred in allowing him to proceed pro se at the confirmation hearing.
“A person who faces the possibility of imprisonment stemming from the willful violation of a previous order of the court has the right to the assistance of counsel” (Matter of Scott v Scott, 62 AD3d 714, 715 [2009]; see Family Ct Act § 262 [a] [vi]; Matter of Tanya T. McD. v Timothy E.D.,…
2Cases cited5 opinions
- In the Matter of Kathleen K.New York Court of Appeals · 2011
- Keenan v. KeenanAppellate Division of the Supreme Court of the State of New York · 2008
- Scott v. ScottAppellate Division of the Supreme Court of the State of New York · 2009
- In re Deon M.Appellate Division of the Supreme Court of the State of New York · 2009
- McD. v. Timothy E.D.Appellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
- Storelli v. StorelliAppellate Division of the Supreme Court of the State of New York · 2012
- GIRARD, MINDY S. v. NEVILLE, WILLIAM R.Appellate Division of the Supreme Court of the State of New York · 2016
- STORELLI, ELIZABETH v. STORELLI, ANTHONYAppellate Division of the Supreme Court of the State of New York · 2012
- Storelli v. StorelliAppellate Division of the Supreme Court of the State of New York · 2012