Legal Opinion
Tumminello v. Tumminello
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2011PublishedCited by 7 opinions
1Opinion of the Court
The petitioner was entitled to be represented by counsel, as she was a party in a Family Court Act article 8 proceeding (see Family Ct Act § 262 [a] [ii]). Although a party can waive the *993right to counsel and opt for self-representation, the waiver must be knowing, intelligent, and voluntary (see Matter of Spencer v Spencer, 77 AD3d 761 [2010]; Matter of Knight v Knight, 59 AD3d 445 [2009]; Matter of McGregor v Bacchus, 54 AD3d 678 [2008]; Matter of Guzzo v Guzzo, 50 AD3d 687 [2008]; Matter of Jetter v Jetter, 43 AD3d 821 [2007]). Here, the record is inadequate to demonstrate that the…
2Cases cited5 opinions
- McGregor v. BacchusAppellate Division of the Supreme Court of the State of New York · 2008
- Jetter v. JetterAppellate Division of the Supreme Court of the State of New York · 2007
- Spencer v. SpencerAppellate Division of the Supreme Court of the State of New York · 2010
- Guzzo v. GuzzoAppellate Division of the Supreme Court of the State of New York · 2008
- Knight v. KnightAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by7 opinions
- Cerquin v. VisintinAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Osorio v. OsorioAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Nixon v. ChristianAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Riordan v. RiordanAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Gugliara v. GugliaraAppellate Division of the Supreme Court of the State of New York · 2017
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