Matter of Gugliara v. Gugliara

Appellate Division of the Supreme Court of New York

Matter of Gugliara v. Gugliara

2017 NY Slip Op 4841, 151 A.D.3d 854, 54 N.Y.S.3d 301

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

DecidedJune 14, 2017

Docket2016-05773

StatusPublished

This text of 2017 NY Slip Op 4841 (Matter of Gugliara v. Gugliara) 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

Matter of Gugliara v. Gugliara, 2017 NY Slip Op 4841, 151 A.D.3d 854, 54 N.Y.S.3d 301 (N.Y. Ct. App. 2017).

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Opinion

Appeal by Lawrence Gugliara from an order of the Family Court, Kings County (Dean Kusakabe, J.), dated May 9, 2016. The order, after a hearing, dismissed the petition.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for further proceedings in accordance herewith.

Inasmuch as the record does not demonstrate that the appellant validly waived his right to counsel (see Matter of Gugliara v Gugliara, 151 AD3d 852 [2d Dept 2017] [decided herewith]), the order must be reversed and the matter remitted to the Family Court, Kings County, for a new hearing, at which the appellant shall either appear with counsel, or knowingly, voluntarily, and intelligently waive the right to counsel, and thereafter, a new determination on the petition.

Balkin, J.P., Sgroi, Cohen and Duffy, JJ., concur.

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Appeal by Lawrence Gugliara from an order of the Family Court, Kings County (Dean Kusakabe, J.), dated May 9, 2016. The order, after a hearing, dismissed the petition.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Kings County, for further proceedings in accordance herewith.

Inasmuch as the record does not demonstrate that the appellant validly waived his right to counsel (see Matter of Gugliara v Gugliara, 151 AD3d 852 [2d Dept 2017] [decided herewith]), the order must be reversed and the matter remitted to the Family Court, Kings County, for a new hearing, at which the appellant shall either appear with counsel, or knowingly, voluntarily, and intelligently waive the right to counsel, and thereafter, a new determination on the petition.

Balkin, J.P., Sgroi, Cohen and Duffy, JJ., concur.

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Bluebook (online)

2017 NY Slip Op 4841, 151 A.D.3d 854, 54 N.Y.S.3d 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-gugliara-v-gugliara-nyappdiv-2017.

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