MATTER OF MERCEDES E.H. v. DEXTER R.N.

Docket No. V29448-15/17C, V29448-15/18F-I, V32227-15/18F-H. Appeal No. 14199-14199A-14199B. Case Nos. 2020-04955, 2020-04956, 2020-04957.

197 A.D.3d 1038 (2021)

154 N.Y.S.3d 48

2021 NY Slip Op 05082

In the Matter of Mercedes E.H., Respondent, v. Dexter R.N., Appellant.

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

Decided September 28, 2021.


Attorney(s) appearing for the Case

John F. De Chiaro , Larchmont, for appellant.

Richard L. Herzfeld, P.C., New York ( Richard L. Herzfeld of counsel), for respondent.

Janet Neustaetter , The Children's Law Center, Brooklyn ( Janet Neustaetter of counsel), attorney for the child.

Concur—Webber, J.P., Mazzarelli, González, Scarpulla, Pitt, JJ.


Contrary to respondent's initial argument on appeal, the court did not "deny" a previously ordered in camera hearing with the child. The record of the February 2020 proceedings reflects that the court stated that it would address the issue at the relevant time in the future. Moreover, during proceedings on July 6, 2020, the court again acknowledged the possibility of interviewing the child.

The court providently exercised its discretion in modifying the temporary...

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