Opinion
11681 Dkt. NA-10309/17 NA-10309/17
06-18-2020
IN RE LEILIA O.W., and Another, Dependent Children Under Eighteen Years of Age, etc., Khalifah A.K., Respondent-Appellant, Jeffrey A.W., Respondent, v. Administration of Children's Services, Petitioner-Respondent.
Carol L. Kahn, New York, for appellant. James E. Johnson, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent. Steven P. Forbes, Jamaica, attorney for the children.
Carol L. Kahn, New York, for appellant.
James E. Johnson, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent.
Steven P. Forbes, Jamaica, attorney for the children.
Renwick, J.P., Gische, Kapnick, Kern, Moulton, JJ.
Order, Family Court, Bronx County (David J. Kaplan, J.), entered on or about April 3, 2019, which, after a hearing, found that respondent abused the subject children, unanimously affirmed, without costs.
Based on the existing record, respondent's claim of ineffective assistance of counsel is unavailing, as the record shows that respondent was afforded meaningful representation throughout the proceedings (see People v. Benevento, 91 N.Y.2d 708, 712–713, 674 N.Y.S.2d 629, 697 N.E.2d 584 [1998] ). Respondent failed to show that he was deprived of meaningful representation by counsel's failure to argue that he was not a person legally responsible for the children in a written summation, and that he suffered actual prejudice as a result (see Matter of Asia Sabrina N. [Olu N.], 117 A.D.3d 543, 985 N.Y.S.2d 560 [1st Dept. 2014] ).
In any event, the record amply supports the court's determination that, at the relevant times, respondent was a person legally responsible for the children. He resided in the home with the children, who were his nieces, for several months, cared for the children and assumed other household and parental duties (see Matter of Trenasia J. [Frank J.], 25 N.Y.3d 1001, 10 N.Y.S.3d 162, 32 N.E.3d 377 [2015] ; Matter of Yolanda D., 88 N.Y.2d 790, 651 N.Y.S.2d 1, 673 N.E.2d 1228 [1996] ).
The determination that respondent abused the children is supported by a preponderance of the evidence (see Family Ct Act §§ 1046[b][i] ; 1012[e][iii][A] ). Contrary to respondent's argument, the court properly found that the children's out-of-court statements were sufficiently corroborated by the reports and by the cross-corroboration of one of the children (see Matter of Nicole V., 71 N.Y.2d 112, 118–119, 524 N.Y.S.2d 19, 518 N.E.2d 914 [1987] ).