Legal Opinion

Moloney v. Moloney

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

Decided June 13, 2005PublishedCited by 4 opinions

1Opinion of the Court

*497In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Nassau County (Ayres, J.), dated March 26, 2004, which, inter alia, awarded custody of the parties’ children to the mother.

Ordered that the order is reversed, on the law, without costs or disbursements, and the petition is dismissed.

The Family Court improperly awarded custody of the children to the mother without considering the incarcerated father’s written request for legal representation, thereby impairing the father’s “right to the assistance of counsel” (Family Ct…

2Cases cited6 opinions

  1. In re Ella B.New York Court of Appeals · 1972
  2. Wilson v. BennettAppellate Division of the Supreme Court of the State of New York · 2001
  3. Patricia L. v. Steven L.Appellate Division of the Supreme Court of the State of New York · 1986
  4. Orneika J. v. Harriet J.Appellate Division of the Supreme Court of the State of New York · 1985
  5. Ramirez v. RamirezAppellate Division of the Supreme Court of the State of New York · 1991

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Williams v. BentleyAppellate Division of the Supreme Court of the State of New York · 2006
  2. Scala v. TefftAppellate Division of the Supreme Court of the State of New York · 2007
  3. In re Evan F.Appellate Division of the Supreme Court of the State of New York · 2006
  4. General v. GeneralAppellate Division of the Supreme Court of the State of New York · 2006

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