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Law & Mediation Office of Lewis S. Calderon

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Secured reversal of order of protection on violation of right to counsel

Matter of Nixon v Christian, 130 AD3d 831 (2nd Dept. 2015)

In this appeal from an order of protection issued against my client after a hearing, I secured a reversal as the Second Department adopted my argument that my client was denied his fundamental right to counsel as the record is clear that the appellant did not wish to proceed pro se, but was forced to do so in light of his alleged inability to produce the necessary paperwork in order to be assigned counsel.  The Court also accepted my argument that the deprivation of the appellant’s fundamental right to counsel required reversal, without regard to the merits of his position, especially where, as here, the record demonstrates that the appellant did not have a basic understanding of court proceedings.

http://www.nycourts.gov/reporter/3dseries/2015/2015_06150.htm