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Matter of Sabat v. Sabat

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1979
72 A.D.2d 585 (N.Y. App. Div. 1979)

Opinion

October 22, 1979


In a proceeding pursuant to article 4 of the Family Court Act, the petitioner wife appeals from an order of the Family Court, Kings County, dated November 28, 1978, which dismissed her application for custody and support and granted her visitation with the parties' children who reside with their father. Order reversed, on the law, with costs and proceeding remitted to the Family Court for a new hearing and determination on all issues, in accordance herewith. The Family Court proceeded to determine custody without advising appellant of her rights to counsel, to an adjournment to confer with counsel, and to have counsel assigned if she were financially unable to obtain the same. This was reversible error. (See Family Ct Act, § 262, subd [a], par [v]; cf. Garrow v Garrow, 61 A.D.2d 887.) Titone, J.P., O'Connor, Lazer and Mangano, JJ., concur.


Summaries of

Matter of Sabat v. Sabat

Appellate Division of the Supreme Court of New York, Second Department
Oct 22, 1979
72 A.D.2d 585 (N.Y. App. Div. 1979)
Case details for

Matter of Sabat v. Sabat

Case Details

Full title:In the Matter of ELBA SABAT, Appellant, v. GERONIMO SABAT, Respondent

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

Date published: Oct 22, 1979

Citations

72 A.D.2d 585 (N.Y. App. Div. 1979)

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