Legal Opinion

In re Westchester

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

Decided February 13, 2008PublishedCited by 6 opinions

1Opinion of the Court

In four related child abuse and neglect proceedings pursuant to Family Court Act article 10, nonparty J. Henry Neale, Jr., appeals from an order of the Family Court, Westchester County (Klein, J.), entered March 23, 2006, which denied his motion to vacate his disqualification as counsel for the father.

Ordered that the order is affirmed, with costs.

The disqualification of an attorney is a matter resting within the sound discretion of the court (see Matter of Marvin Q., 45 AD3d 852 [2007]). “Although ‘[a] party’s entitlement to be represented in ongoing litigation by counsel of his or her own…

2Cases cited3 opinions

  1. Campolongo v. CampolongoAppellate Division of the Supreme Court of the State of New York · 2003
  2. In re Marvin Q.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Carey v. CareyAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by6 opinions

  1. Madris v. OlivieraAppellate Division of the Supreme Court of the State of New York · 2012
  2. In re Cristella B.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Matter of Lopresti v. DavidAppellate Division of the Supreme Court of the State of New York · 2020
  4. DOODY, KATHLEEN v. GOTTSHALL, KENNETH L.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Madris v. OlivieraAppellate Division of the Supreme Court of the State of New York · 2012

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