MATTER OF JACKSON v. LEE

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.