Thursday, January 5, 2017

REAPPOINTING ATTORNEY FOR THE CHILD



MATTER OF TROMBLEY v. Payne, 2016 NY Slip Op 7475 - NY: Appellate Div., 4th Dept. 2016:

"The court properly denied the mother's objection to the reappointment of the Attorney for the Children (AFC) (see Matter of Mills v Rieman, 128 AD3d 1486, 1487; Matter of Leichter-Kessler v Kessler, 71 AD3d 1148, 1149; Matter of Petkovsek v Snyder [appeal No. 6], 251 AD2d 1087, 1087-1088, lv dismissed in part and denied in part 92 NY2d 942). In making an appointment of an AFC, "the court shall, to the extent practicable and appropriate, appoint the same attorney who has previously represented the child" (Family Ct Act § 249 [b]). Inasmuch as there is no support in the record for the mother's contention that the AFC was biased against her, there was no reason for the court to appoint a new AFC (see generally Matter of Kristi L.T. v Andrew R.V., 48 AD3d 1202, 1206, lv denied 10 NY3d 716)."

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