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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

Won affirmance defeating father’s appeal of order of supervised visitation and rejected his claim of right to counsel.

Matter of Angel N. v Elizabeth A., 169 AD3d 596 (1st Dept 2019)

In this appeal of Family Court’s order that continued the father’s supervised visitation, the First Department accepted my argument that the order was issued on the father’s default, and because he apparently “did not avail himself of the opportunity to vacate his default, and no appeal lies from an order entered upon the aggrieved party’s default,” the appeal should be dismissed.  The Court further accepted my argument that rejected the father’s argument that he was denied his right to counsel as I argued that Family Court took great care to remind the father, at every appearance of his right to assigned counsel and its ability to assign him counsel at no cost to him and that the Court expressly warned him of the dangers and disadvantages of proceeding without counsel.

http://www.nycourts.gov/reporter/3dseries/2019/2019_01365.htm