Summary
In Matter of Bido v Albizu (36 A.D.2d 537), the court held that a paternity proceeding being civil in nature puts the court under no obligation to assign counsel to a respondent.
Summary of this case from Department of Social Services v. WitzelOpinion
January 25, 1971
In a filiation proceeding, the appeal is from an order of filiation and support of the Family Court, Suffolk County, dated September 26, 1969. Order affirmed, without costs. In this case appellant, who was unrepresented by counsel, affirmatively indicated his desire to testify. In such instance the trial court's failure to advise him of his statutory right (Family Ct. Act, § 531) to refuse to testify did not constitute reversible error (cf. Matter of Dean v. Young, 31 A.D.2d 630; Matter of Howard v. Robinson, 32 A.D.2d 837). A filiation proceeding is essentially civil in nature (see Matter of Clausi, 296 N.Y. 354; People v. Arcieri, 8 A.D.2d 923; Scruton v. Dziewisz, 284 App. Div. 276; Hodson v. Hoff, 266 App. Div. 228) and hence the court was not under an obligation to advise appellant of his right to counsel or to assign counsel to him. Martuscello, Acting P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.