Opinion
July 11, 1996
Appeal from the Family Court of Broome County (Pines, J.).
This appeal does not challenge Family Court's determination dismissing the petitions herein. Accordingly, the appeal should be dismissed.
Notably, there is nothing in the record upon which this Court can determine the basis for Family Court's exclusion of the Law Guardian from the Lincoln hearing ( see, Matter of Lincoln v Lincoln, 24 N.Y.2d 270). We reject any practice whereby Law Guardians are routinely excluded from such an important stage of a proceeding ( see, Frizzell v. Frizzell, 177 A.D.2d 825, 826; see also, Miller v. Miller, 220 A.D.2d 133).
Cardona, P.J., Mikoll, Crew III and Yesawich Jr., JJ., concur. Ordered that the appeal is dismissed, without costs.