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Korth v. Cost

Appellate Division of the Supreme Court of New York, Third Department
Jul 11, 1996
229 A.D.2d 696 (N.Y. App. Div. 1996)

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.


Summaries of

Korth v. Cost

Appellate Division of the Supreme Court of New York, Third Department
Jul 11, 1996
229 A.D.2d 696 (N.Y. App. Div. 1996)
Case details for

Korth v. Cost

Case Details

Full title:LINDA G. KORTH, Appellant, v. BERNARD C. COST, JR., Respondent. CARMAN M…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 11, 1996

Citations

229 A.D.2d 696 (N.Y. App. Div. 1996)
644 N.Y.S.2d 911

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