Lionel E. v. Shaquana R.B.

Order, Family Court, New York County (Elizabeth Barnett, Ref.), entered on or about March 10, 2009, which, after a trial, awarded custody of the subject child to petitioner, unanimously affirmed, without costs.

We reject respondent’s argument that the matter was effectively decided at an inquest that should not have been conducted. Petitioner was awarded custody of the child after an inquest, respondent’s default on the original trial date was vacated and a full trial was subsequently conducted six months later. While the court could not have been oblivious to petitioner’s physical and legal…