Opinion
965 CAF 19-01349
11-19-2021
IN THE MATTER OF WAYNE COUNTY SUPPORT COLLECTION UNIT, ON BEHALF OF LAURIE FABI, PETITIONER-RESPONDENT, v. JEFFREY WILLIAMS, SR., RESPONDENT-APPELLANT.
ROY G. FRANKS, MARION, FOR RESPONDENT-APPELLANT. ALEX CAMERON, LYONS, FOR PETITIONER-RESPONDENT.
ROY G. FRANKS, MARION, FOR RESPONDENT-APPELLANT.
ALEX CAMERON, LYONS, FOR PETITIONER-RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND DEJOSEPH, JJ.
Appeal from an order of the Family Court, Wayne County (Daniel G. Barrett, J.), entered May 23, 2019 in a proceeding pursuant to Family Court Act article 4. The order, among other things, determined that respondent willfully violated an order of child support.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 4, respondent father appeals from an order that, inter alia, determined that he willfully violated an order of child support and sentenced him to six months in jail. Contrary to the father's contention, Family Court did not abuse its discretion in denying his second request for substitute counsel. Although "[a]n indigent person facing incarceration for violation of a court order has a right to the assignment of counsel" under the Family Court Act (Circe v Circe, 289 A.D.2d 620, 621 [3d Dept 2001]; see Family Ct Act § 262 [a] [vi]), that right "is not absolute, and a party seeking the appointment of substitute counsel must establish that good cause for release existed necessitating dismissal of assigned counsel" (Matter of Anthony J.A. [Jason A.A.], 180 A.D.3d 1376, 1378 [4th Dept 2020], lv denied 35 N.Y.3d 902 [2020] [internal quotation marks omitted]; see Matter of Destiny V. [Mark V.], 107 A.D.3d 1468, 1469 [4th Dept 2013]). Here, the father failed to establish good cause (see Matter of Wiley v Musabyemariya, 118 A.D.3d 898, 900-901 [2d Dept 2014], lv denied 24 N.Y.3d 907 [2014]). We have reviewed the father's remaining contentions and conclude that none warrants modification or reversal of the order.