Legal Opinion

In re Samantha L.

Appellate Division of the Supreme Court of the State of New York

Decided February 1, 2002Published

1Opinion of the Court

—Appeal from an order of Family Court, Erie County (Mix, J.), entered June 20, 2000, which, inter alia, adjudged that Samantha L. is an abused child.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: In this proceeding brought pursuant to Family Court Act article 10, Family Court erred in directing respondent to proceed pro se on the first day of the fact-finding hearing, thus violating his right to counsel (see, Family Ct Act §§ 261, 262 [a]; Matter of Wilson v Bennett, 282 AD2d 933, 934; Matter of Meko M., 272 AD2d…

2Cases cited9 opinions

  1. Wilson v. BennettAppellate Division of the Supreme Court of the State of New York · 2001
  2. Patricia L. v. Steven L.Appellate Division of the Supreme Court of the State of New York · 1986
  3. Helmsley-Spear, Inc. v. New York Blood Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. In re Nicholas GG.Appellate Division of the Supreme Court of the State of New York · 2001
  5. Baker v. BakerAppellate Division of the Supreme Court of the State of New York · 2001

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