In re Dejohn S.

Appellate Division of the Supreme Court of New York

In re Dejohn S.

37 A.D.3d 725, 828 N.Y.S.2d 920

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 20, 2007

StatusPublished

This text of 37 A.D.3d 725 (In re Dejohn S.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Dejohn S., 37 A.D.3d 725, 828 N.Y.S.2d 920 (N.Y. Ct. App. 2007).

Pincite

Opinion

In six related proceedings pursuant to Social Services Law § 384-b to terminate parental rights, the petitioner appeals, by permission, from an order of the Family Court, Kings County (Pearl, J.), dated July 6, 2006, which granted the respondent’s motion to disqualify Raymond L. Colón as its counsel.

Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, the Family Court providently exercised its discretion in granting the respondent’s motion to disqualify the petitioner’s counsel in order to avoid the appearance of impropriety (see Rose Ocko Found, v Liebovitz, [726]*726155 AD2d 426 [1989]; Seeley v Seeley, 129 AD2d 625 [1987]; Burton v Burton, 139 AD2d 554 [1988]).

The petitioner raised no issue that would require an evidentiary hearing (see Galanos v Galanos, 20 AD3d 450, 451-452 [2005] ; Burton v Burton, supra; cf. Matter of Jason C., 268 AD2d 587 [2000]).

The petitioner’s remaining contentions are without merit. Prudenti, P.J., Krausman, Dillon and McCarthy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI