IN RE: CINDY M. PHELPS AND AUGUSTUS T. PHELPS

Reset A A Font size: Print

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

IN RE: CINDY M. PHELPS AND AUGUSTUS T. PHELPS, PETITIONERS–RESPONDENTS, v. EUGENE DEXTER HUNTER, RESPONDENT–APPELLANT.

CAF 11–02240

Decided: December 21, 2012

PRESENT:  SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ. FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR RESPONDENT–APPELLANT. ROBERT F. RHINEHART, SYRACUSE, FOR PETITIONERS–RESPONDENTS.

MEMORANDUM AND ORDER

KAREN J. DOCTER, ATTORNEY FOR THE CHILD, FAYETTEVILLE, FOR SHAKIR E.H.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  Respondent father appeals from an order granting the nonparent petitioners sole legal and physical custody of the father's minor child.   We affirm for reasons stated in the amended findings of fact and decision at Family Court.   We add only that there is no merit to the father's contention that the Court Attorney Referee lacked jurisdiction to hear and determine the matter (see generally CPLR 4317[a] ).   The father signed the requisite consent and, although he signed that consent before being informed of his right to counsel pursuant to Family Court Act § 262(a), he and his attorney willingly participated in the subsequent proceedings without objection and with the full knowledge that the Court Attorney Referee would adjudicate the merits of the petition (see Matter of Carlos G. [Bernadette M.], 96 AD3d 632, 633;  1199 Hous. Corp. v. Jimco Restoration Corp., 77 AD3d 502, 502;  Dodge v. Lynch, 55 AD3d 314, 315, lv denied 11 NY3d 713;  cf.  Matter of Gale v. Gale, 87 AD3d 1011, 1012;  Matter of Osmundson v. Held–Cummings, 306 A.D.2d 950, 950–951).

Frances E. Cafarell

Clerk of the Court