Opinion
01-12-2017
In re GUSTAVO D., Petitioner–Appellant, v. MICHAEL D., Respondent–Respondent.
Beth E. Goldman, New York Legal Assistance Group, New York (Alexandra Lewis–Reisen of counsel), for appellant.
Beth E. Goldman, New York Legal Assistance Group, New York (Alexandra Lewis–Reisen of counsel), for appellant.
Order, Family Court, New York County (Adetokunbo O. Fasanya, J.), entered on or about January 9, 2015, which dismissed, without prejudice, the petition for an order of protection against respondent for lack of jurisdiction, unanimously reversed, on the law, without costs, the petition reinstated, and the matter remanded for the court to advise petitioner of his right to counsel, and for a new hearing consistent with this decision.
Family Court committed reversible error when, during a brief hearing in this article 8 proceeding, it failed to advise the pro se petitioner that he had a right to the assistance of counsel of his own choosing, a right to an adjournment to confer with counsel, and a right to have counsel assigned if he was financially unable to obtain representation (Family Ct. Act § 262[a] [ii] ; see Matter of Ford v. Tindal, 24 A.D.3d 664, 665, 808 N.Y.S.2d 386 [2d Dept.2005] ; see also Matter of Mora v. Alatriste, 99 A.D.3d 540, 541, 952 N.Y.S.2d 440 [1st Dept.2012] ). Moreover, Family Court did not possess sufficient relevant information to allow it to make an informed determination as to whether the parties are or have been in an "intimate relationship" within the meaning of Family Court Act § 812(1)(e) (see Matter of Seye v. Lamar, 72 A.D.3d 975, 977, 900 N.Y.S.2d 112 [2d Dept.2010] ). Further evidence is needed regarding the frequency of petitioner and respondent's interactions (Matter of Winston v. Edwards–Clarke, 127 A.D.3d 771, 773, 6 N.Y.S.3d 566 [2d Dept.2015] ).
SWEENY, J.P., RENWICK, MAZZARELLI, MANZANET–DANIELS, FEINMAN, JJ., concur.