AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

In the Matter of ELIZABETH DEMICHIEL, Appellant, v. STEPHEN DEMICHIEL, Respondent. (Proceeding No. 1.) In the Matter of STEPHEN DEMICHIEL, Respondent,

Ordered the order is affirmed, without costs or disbursements. In these related custody proceedings, the mother was assigned counsel to represent her at an early stage of the proceedings but, on the second day of the custody hearing, she requested an adjournment to obtain new counsel. When the Family Court denied the mother's untimely request, the mother moved to relieve assigned counsel. The Family Court asked her if she wished to represent herself and the mother answered in the affirmative. Assigned counsel was relieved from representing the mother but was appointed as legal advisor to assist her. After the hearing, the Family Court awarded sole legal custody of the parties' two minor children to the father.

On appeal, the mother contends that it was error to continue her assigned counsel as her "legal advisor," where there was "an admittedly fractured relationship." However, there is no indication in the record that the mother objected to the retention of her assigned counsel as her legal advisor; nor was she entitled to assigned counsel of her choice ( see Matter of Ashley D., 268 AD2d 803).

The mother's remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

DEMICHIEL v. DEMICHIEL
(Oct 20, 2009)