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Albert v. Albert

Supreme Court, Appellate Division, Second Department, New York.
Dec 26, 2012
101 A.D.3d 1112 (N.Y. App. Div. 2012)

Opinion

2012-12-26

In the Matter of Mark ALBERT, respondent, v. Allison ALBERT, appellant.

Allison Albert, Syosset, N.Y., appellant pro se. Mark Albert, Oyster Bay, N.Y., respondent pro se.


Allison Albert, Syosset, N.Y., appellant pro se. Mark Albert, Oyster Bay, N.Y., respondent pro se.

In a child support proceeding pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Nassau County (Dane, J.), dated February 16, 2011, which, inter alia, in effect, denied her objections to an order of the same court (Cahn, S.M.) dated December 10, 2010, which, after a hearing, found that she willfully violated a prior order of child support dated January 3, 2007.

ORDERED that the order dated February 16, 2011, is affirmed, without costs or disbursements.

Contrary to the mother's contention, under the circumstances of this case, she was not deprived of her right to counsel ( seeFamily Ct. Act § 262[a][vi]; cf. Matter of Scott v. Scott, 62 A.D.3d 714, 715, 879 N.Y.S.2d 488). Moreover, the Support Magistrate providently exercised her discretion in denying the mother's request for *885an adjournment ( seeFamily Ct. Act § 435[a]; cf. Matter of Keenan v. Keenan, 51 A.D.3d 1075, 1077, 857 N.Y.S.2d 328). The mother was repeatedly informed that, if she did not appear with counsel, the hearing would continue without any additional adjournments.

RIVERA, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.


Summaries of

Albert v. Albert

Supreme Court, Appellate Division, Second Department, New York.
Dec 26, 2012
101 A.D.3d 1112 (N.Y. App. Div. 2012)
Case details for

Albert v. Albert

Case Details

Full title:In the Matter of Mark ALBERT, respondent, v. Allison ALBERT, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Dec 26, 2012

Citations

101 A.D.3d 1112 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 9052
955 N.Y.S.2d 884

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