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MATTER OF LUTHER

176 A.D.2d 544 (1991)

In the Matter of Theodore Luther S. and Others, Children Alleged to be Neglected. St. Christopher-Ottilie, Respondent; Sandra S., Also Known as Sandra Gale S., Appellant

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

October 10, 1991

Respondent, who defaulted, contends that the court, sua sponte, should have assigned counsel or appointed a guardian ad litem to represent her in her absence, pursuant to Family Court Act § 262 or SCPA 402 (2). The right to be represented by counsel, pursuant to Family Court Act § 262 (a) occurs only upon a person's first appearance in court. Moreover, respondent's letter seeking an adjournment was insufficient...

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