Legal Opinion

Cohen v. Cohen

New York Supreme Court

Decided March 15, 2011Published

1Opinion of the Court

OPINION OF THE COURT

Robert A. Ross, J.

When fundamental rights such as the right to counsel in a matrimonial contempt proceeding are implicated (see Family Ct Act § 435 [a]; People v Spears, 64 NY2d 698 [1984]; Matter of Keenan v Keenan, 51 AD3d 1075, 1077 [2008]), the court is duty bound to make an inquiry whether the party is eligible for court-appointed counsel. (Gifford v Gifford, 223 AD2d 669 [1996]; Matter of Williams v Williams, 91 AD2d 1044, 1045 [1983].) But as part of this inquiry, it is axiomatic that a litigant is concomitantly obligated to provide complete information to the court…

2Cases cited12 opinions

  1. Scott v. IllinoisSupreme Court of the United States · 1979
  2. People v. SpearsNew York Court of Appeals · 1984
  3. Brainard v. BrainardAppellate Division of the Supreme Court of the State of New York · 1982
  4. Keenan v. KeenanAppellate Division of the Supreme Court of the State of New York · 2008
  5. Scott v. ScottAppellate Division of the Supreme Court of the State of New York · 2009

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