| Matter of Annette R. v Dakiem E.D. |
| 2020 NY Slip Op 01703 [181 AD3d 485] |
| March 12, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Annette R.,
Respondent, v Dakiem E.D., Appellant. |
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.
Davis Polk & Wardwell LLP, New York (Sushila Rao Penrapati of counsel), for respondent.
Kenneth M. Tuccillo, Hastings on Hudson, attorney for the child.
Order, Family Court, New York County (Stephanie Schwartz, Ref.), entered on or about April 22, 2019, which denied respondent father's motion to disqualify petitioner mother's counsel, unanimously affirmed, without costs.
The Referee providently exercised her discretion in denying respondent's motion to disqualify petitioner's counsel. There was no evidence that petitioner's counsel spoke with or interacted with the child regarding matters related to the pending litigation (see Matter of Madris v Oliviera, 97 AD3d 823, 825 [2d Dept 2012]; Rules of Professional Conduct [22 NYCRR 1200.0] rule 4.2). Concur—Manzanet-Daniels, J.P., Singh, Moulton, González, JJ.