Matter of Gugliara v. Gugliara

Matter of Gugliara v Gugliara (2017 NY Slip Op 04841)

Matter of Gugliara v Gugliara

2017 NY Slip Op 04841

Decided on June 14, 2017

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 14, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.

2016-05773
(Docket No. O-2373/14)

[*1]In the Matter of Lawrence Gugliara, appellant,

v

Philip Gugliara, respondent.

Larry S. Bachner, Jamaica, NY, for appellant.

DECISION & ORDER

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, ___ AD3d ___ [Appellate Division Docket No. 2016-05742; 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.

ENTER:

Aprilanne Agostino

Clerk of the Court