Matter of Noreck v. Mary [4th Dept 1999

Full title: MATTER OF DAVID NORECK, APPELLANT, v. GAYLE SMITH MARY, RESPONDENT

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

Date published: Feb 10, 1999

(N.Y. App. Div. Feb. 10, 1999)

Opinion

February 10, 1999

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

PRESENT: DENMAN, P. J., GREEN, HAYES, PIGOTT, JR., AND BALIO, JJ.

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., ___ A.D.2d ___ [decided Oct. 2, 1998]; 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.