MATTHEWS v. MATTHEWS


56 A.D.3d 1268 (2008)

In the Matter of GUADALUPE MATTHEWS, Respondent, v. EDWARD MATTHEWS, Appellant.

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

November 21, 2008.


Memorandum:

Respondent father contends that his motion to vacate an order awarding custody of the parties' children to petitioner mother upon his default should have been granted. We agree. As the father correctly contends, he was deprived of his right to counsel pursuant to Family Court Act § 262 because, although he did not personally appear in court, it is undisputed that he made multiple requests for the assignment...

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