Opinion
01-05-2016
In re AUSTROLYN O., Petitioner–Respondent, v. MICHELLE R., Respondent–Appellant, Juvayne O., Respondent.
Larry S. Bachner, Jamaica, for appellant. Law Offices Of Randall S. Carmel, Syosset (Randall Carmel of counsel), attorney for the child
Larry S. Bachner, Jamaica, for appellant.
Law Offices Of Randall S. Carmel, Syosset (Randall Carmel of counsel), attorney for the child
Order, Family Court, New York County (Gloria Sosa–Lintner, J.), entered on or about February 23, 2015, which denied respondent mother's motion to vacate an order granting custody of the subject child to petitioner paternal grandmother on consent of the parties, unanimously affirmed, without costs.
The Family Court properly denied respondent mother's motion to vacate the custody order and to reopen the underlying custody proceeding. The record of the proceedings demonstrates that the mother's decision to waive her right to counsel and proceed pro se was knowing and voluntary, and made after appropriate inquiries by the court (see Matter of James Joseph M. v. Rosana R., 32 A.D.3d 725, 727, 821 N.Y.S.2d 168 [1st Dept.2006], lv. denied 7 N.Y.3d 717, 827 N.Y.S.2d 688, 860 N.E.2d 990 [2006] ).
FRIEDMAN, J.P., SWEENY, SAXE, MOSKOWITZ, JJ., concur.