Matter of Albert v Albert

Matter of Albert v Albert 2012 NY Slip Op 09052 Decided on December 26, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 26, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
MARK C. DILLON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
2011-03052
(Docket No. F-11524-06/10P)

[*1]In the Matter of Mark Albert, respondent,

v

Allison Albert, appellant. Allison Albert, Syosset, N.Y., appellant pro se. Mark Albert, Oyster Bay, N.Y., respondent pro se.




DECISION & ORDER

In a child support proceeding pursuant to Family Court Act article 4, the mother appeals from an order of the Family Court, Nassau County (Dane, J.), dated February 16, 2011, which, inter alia, in effect, denied her objections to an order of the same court (Cahn, S.M.) dated December 10, 2010, which, after a hearing, found that she willfully violated a prior order of child support dated January 3, 2007.

ORDERED that the order dated February 16, 2011, is affirmed, without costs or disbursements.

Contrary to the mother's contention, under the circumstances of this case, she was not deprived of her right to counsel (see Family Ct Act § 262[a][vi]; cf. Matter of Scott v Scott, 62 AD3d 714, 715). Moreover, the Support Magistrate providently exercised her discretion in denying the mother's request for an adjournment (see Family Ct Act § 435[a]; cf. Matter of Keenan v Keenan, 51 AD3d 1075, 1077). The mother was repeatedly informed that, if she did not appear with counsel, the hearing would continue without any additional adjournments.
RIVERA, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court