In Lincoln v. Lincoln, (30 A.D.2d 786, 291 N.Y.S.2d 461 (1 Dept., 1968)) the trial court interviewed the children in private and denied the request of the mother's attorney to be present. It awarded custody of the children to the father. The Appellate Division affirmed the award despite two procedural errors because the overwhelming weight of the evidence favored the father. It held that while the court may prevent the respondent's counsel from participating in any way in the interview and require him to remain silent, he was entitled to be present at the interview.