Matter of Noreck v. Mary

Full title: IN THE MATTER OF DAVID NORECK, Appellant, v. GAYLE S. MARY, Respondent

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

Date published: Feb 10, 1999

258 A.D.2d 962 (N.Y. App. Div. 1999)

688 N.Y.S.2d 451

Opinion

February 10, 1999

Appeal from Order of Erie County Family Court, Dillon, J. — Visitation.

Order unanimously affirmed without costs. Memorandum: After Family Court advised petitioner of his right to be represented by counsel, petitioner elected to waive that right and represent himself at the hearing on his petition for modification of the visitation provisions of a prior order ( see, Matter of Tanya R. B. v. Darren W., 254 A.D.2d 813; Matter of F. Children, 199 A.D.2d 81). We reject the contention that the court abused its discretion in failing sua sponte to adjourn the proceedings to permit petitioner to obtain counsel.