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Seago v. Arnold

105 A.D.2d 1157 Court N.Y. App. Div. Decision date 1984-11-07 English

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p. 1157
James L. Seago, Appellant, v Jill P. Arnold, Respondent.

Order unanimously modified by deleting the second decretal paragraph and, as modified, affirmed, without costs. Memorandum: Family Court improperly enjoined petitioner from bringing any further proceedings without being represented by counsel. A party is permitted to prosecute or defend a civil action “in person” (CPLR 321, subd [a]).

With respect to the merits of the petition, Family Court properly found that the petition failed to allege sufficient facts to warrant a hearing. (Appeal from order of Yates County Family Court, Dugan, J. — modification of support.) Present — Doerr, J. P., Boomer, Green, O’Donnell and Schnepp, JJ.