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In re Guardianship, Latoya P

Appellate Division of the Supreme Court of New York, First Department
May 20, 2003
305 A.D.2d 263 (N.Y. App. Div. 2003)

Opinion

1181

May 20, 2003.

Order of disposition, Family Court, Bronx County (Carol Stokinger, J.), entered on or about September 26, 2001, terminating respondent-appellant's parental rights upon a finding of abandonment, and transferring the subject child's custody and guardianship to petitioner Commissioner of Administration for Children's Services for the purposes of adoption, unanimously affirmed, without costs.

Diane Pazar, for Latoya P.

George E. Reed, Jr., for respondent-appellant.

Norman Corenthal, for petitioner-respondent.

Before: Nardelli, J.P., Saxe, Sullivan, Wallach, Gonzalez, JJ.


The finding of abandonment is supported by clear and convincing evidence, including petitioner agency's case record and respondent's testimony at best showing only "sporadic and minimal attempts" to visit and communicate with the child (Social Services Law § 384-b[b],[5][a];see Matter of Ravon Paul H., 161 A.D.2d 257). Respondent's argument that the compensation rate for assigned counsel deprived her of effective assistance of counsel as a matter of law is unpreserved, and in any event without merit (see Matter of Laura Mariela R., 302 A.D.2d 300, 754 N.Y.S.2d 546; Matter of Tamara Liz H., 300 A.D.2d 202; Matter of Joseph S., 298 A.D.2d 588, lv denied 99 N.Y.2d 506; Matter of Donald P., 285 A.D.2d 510, lv denied 97 N.Y.2d 603).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Guardianship, Latoya P

Appellate Division of the Supreme Court of New York, First Department
May 20, 2003
305 A.D.2d 263 (N.Y. App. Div. 2003)
Case details for

In re Guardianship, Latoya P

Case Details

Full title:IN RE GUARDIANSHIP, ETC., LATOYA P., A DEPENDENT CHILD UNDER THE AGE OF…

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

Date published: May 20, 2003

Citations

305 A.D.2d 263 (N.Y. App. Div. 2003)
758 N.Y.S.2d 804