Gandia v. Riveragandia

Full title: HENRY D. GANDIA, Respondent, v. IRENE E. RIVERAGANDIA, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 29, 1999

260 A.D.2d 321 (N.Y. App. Div. 1999)

689 N.Y.S.2d 391

Opinion

April 29, 1999

Appeal from the Supreme Court, Bronx County (Judith Gische, J.).

Temporary custody of the child was properly awarded to plaintiff upon a record showing that such was being urged by both the Law Guardian and the forensic evaluator and that the child's sister was residing with plaintiff. We further note that it was defendant's own actions which caused her to be unrepresented by counsel when the award of temporary custody was made. Defendant's remedy is a prompt trial at which she will have a full opportunity to present evidence ( see, Meltzer v. Meltzer, 38 A.D.2d 522; Portnof v. Portnof, 188 A.D.2d 411).

Concur — Nardelli, J. P., Tom, Lerner, Mazzarelli and Friedman, JJ.