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MATTER OF MORA v. ALATRISTE

8386.

99 A.D.3d 540 (2012)

952 N.Y.S.2d 440

2012 NY Slip Op 6857

In the Matter of AHMED MORA, Respondent, v. SILVIA ALATRISTE, Appellant.

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

October 11, 2012.

The court committed reversible error when it failed to advise the mother of her right to assigned counsel (see Family Ct Act § 262 [a] [iii]). Reversal is also warranted since the court failed to conduct an evidentiary hearing before modifying the prior order of custody and visitation (see Matter of Santiago v Halbal, 88 A.D.3d 616, 617 [1st Dept 2011]) and did not afford the mother an opportunity to testify, cross-examine...

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