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MATTER OF WHITENER v. WHITENER

37 A.D.2d 979 (1971)

In the Matter of Doryce Whitener, Respondent, v. Leonard Whitener, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 22, 1971

Order reversed, on the law and in the exercise of discretion, without costs; and motion granted so as to vacate the order of July 11, 1969 and grant a new trial. The questions of fact have not been considered.

Appellant appeared pro se at the hearing culminating in the support order of July 11, 1969. After a rather perfunctory, but perhaps adequate, statement to appellant about his right to counsel (cf. Matter of Silvestris v. Silvestris,

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