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MATTER OF McNEILL v. RESSEL

258 A.D.2d 64 (1999)

692 N.Y.S.2d 735

In the Matter of JASON McNEILL, Appellant, v. MARY RESSEL et al., Respondents.

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

July 19, 1999.

Attorney(s) appearing for the Case

Judith Ellen Stone, Merrick, for appellant.

Del Atwell, East Hampton, for Mary Ressel, respondent.

Arza Rayches Feldman, Roslyn, Law Guardian for infant.

ALTMAN, GOLDSTEIN and McGINITY, JJ., concur.

OPINION OF THE COURT

RITTER, J. P.

We are asked to determine whether a brief deprivation of the father's right to counsel during a hearing concerning the custody and visitation of the subject child warrants a new hearing. We hold that a new hearing is not warranted.

The father commenced this proceeding to obtain custody of his infant son. Custody was also sought by the maternal grandmother, Mary Ressel, and the mother, Michelle Caracappa. After hearings...

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