The Third Department upheld a grandmother’s right to visitation but ordered a new schedule and new attorney for the children after a lengthy stay pending appeal.
The Third Department held that a without-prejudice dismissal at the first stage of a Domestic Violence Survivors Justice Act resentencing request is not appealable.
The Third Department reinstated grandparent-visitation petitions and ordered immediate contact where Family Court failed to weigh each child’s best interests and less restrictive safeguards.
The Appellate Division, Third Department reversed a grandparent visitation order entered after the mother was forced to proceed pro se, holding Family Court violated her statutory right to counsel under Family Court Act § 262 by relieving her second assigned attorney without finding forfeiture based on egregious conduct.