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MATTER OF MELISSA H. v. SHAMEER S.

8643.

100 A.D.3d 535 (2012)

In the Matter of MELISSA H., Respondent, v. SHAMEER S., Appellant.

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

November 20, 2012.

The fact-finding hearing was procedurally flawed and unfair to respondent. The court failed to conduct a "searching inquiry" to ensure that respondent knowingly, intelligently, and voluntarily waived his statutory right to counsel (see Family Ct Act § 262 [a] [ii]; People v Arroyo, 98 N.Y.2d 101, 103 [2002]; People v Slaughter, 78 N.Y.2d 485, 491 [1991]). Further, the court ...

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