Opinion
12736 Dkt. No. O-2512/19 Case No. 2019-04255
12-29-2020
In re JADA T., Petitioner–Respondent, v. MICHAEL A. C., Respondent–Appellant.
Andrew J. Baer, New York, for appellant. Kenneth M. Tuccillo, Hastings on Hudson, for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the child.
Andrew J. Baer, New York, for appellant.
Kenneth M. Tuccillo, Hastings on Hudson, for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the child.
Webber, J.P., Mazzarelli, Gesmer, Moulton, Gonza´lez, JJ.
Order, Family Court, New York County (Emily M. Olshansky, J.), entered on or about September 26, 2019, which, upon a fact-finding determination that respondent-appellant committed the family offenses of assault in the third degree and harassment in the second degree, granted a two-year order of protection in favor of the petitioner, unanimously affirmed, without costs.
A preponderance of the evidence supports the finding that appellant committed the family offenses of assault in the third degree and harassment in the second degree ( Matter of Everett C. v. Oneida P., 61 A.D.3d 489, 878 N.Y.S.2d 301 [1st Dept. 2009] ). The record supports the court's credibility determinations.
We also reject appellant's claim that he was deprived of the effective assistance of counsel because he has failed to show "that he was deprived of meaningful representation by reason of counsel's deficiency and that respondent suffered actual prejudice as a result" ( Judith L.C. v. Lawrence Y., 179 A.D.3d 616, 617, 118 N.Y.S.3d 573 [1st Dept. 2020], lv denied, 35 N.Y.3d 911, 2020 WL 5047416 [2020] ). In particular, we reject his claim that his failure to appear in court resulted from his attorney's ineffective representation; in fact, respondent admits that he was in court in June when the trial court set the September trial date on which respondent failed to appear.