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In the Matter of ELWYN T. JACKSON, Respondent, v. CHERYL LEE, Appellant, and W. BURTON RICHARDSON et al., Respondents.

Order unanimously reversed, without costs, and matter remitted to Monroe County Family Court for an immediate hearing before another Judge. Memorandum: The court erred in proceeding to trial in this custody matter over respondent's attorney's objection and in respondent's absence. Inasmuch as this hearing involved the health, safety and welfare of a young child, it was an abuse of discretion not to grant a reasonable continuance ( Matter of Tanya G., 79 A.D.2d 881; see CPLR 4402). Moreover, the attorney's excusable unpreparedness deprived respondent of the meaningful representation to which she is entitled ( Matter of Ella B., 30 N.Y.2d 352; Matter of Shalom S., 88 A.D.2d 936). Petitioner's witnesses were not cross-examined, and the record lacks information critical to a proper custody determination.

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MATTER OF JACKSON v. LEE
(Jul 11, 1983)