IN RE: Kieverett Garner (2012)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Kieverett Garner, appellant, v. Judith Garner, respondent.

2010–00528 (Docket No. V–1589–02)

Decided: April 03, 2012

MARK C. DILLON, J.P. ARIEL E. BELEN SANDRA L. SGROI ROBERT J. MILLER, JJ.

Zvi Ostrin, New York, N.Y., for appellant. Ronna Gordon–Galchus, Bayside, N.Y., for respondent. Jennifer E. Reddin–Eliou, Fresh Meadows, N.Y., attorney for the child. The appellant's contention that he was deprived of his right to counsel at the custody hearing is without merit.   After five days of the seven-day hearing, the Family Court granted the application by the appellant's counsel to be relieved.   Subsequently, the appellant appeared before the Family Court and was afforded an opportunity to apply for assigned counsel, but he refused to answer questions regarding his financial status.   The Family Court adjourned the matter for four months so that the appellant could seek new counsel.   The appellant failed to do so.   On the next day of the hearing, the appellant disclosed his financial information, but his request for assigned counsel was denied.   The appellant indicated that he was not willing to retain an attorney, and he proceeded pro se for the final two days of the hearing.   Since the appellant did not qualify for assigned counsel, and was unwilling to retain counsel, the Family Court properly declined to grant a further adjournment (see Matter of Fuentes v Fuentes, 5 AD3d 484, 485;  Matter of Nilda S. v Dawn K., 302 A.D.2d 237, 238;  Matter of Iadicicco v Iadicicco, 270 A.D.2d 721, 722–723;  Matter of Tavolacci v Garges, 124 A.D.2d 734, 736–737).