Opinion
CAF 01-00361
December 30, 2002.
Appeal from an order of Family Court, Genesee County (Graney, J.), entered April 3, 2000, finding that respondent abused his child.
DEBORAH A. HAGEN, PAVILION, FOR RESPONDENT-APPELLANT.
PAULA A. CAMPBELL, BATAVIA, FOR PETITIONER-RESPONDENT.
SHARON ANSCOMBE OSGOOD, LAW GUARDIAN, BUFFALO, FOR AMANDA L.
PRESENT: GREEN, J.P., WISNER, SCUDDER, KEHOE, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
In appeal No. 1, respondent appeals from an order finding that he sexually abused his seven-year-old daughter, and in appeal No. 2 he appeals from an order finding derivative abuse with respect to his two other children. All three children were placed under the supervision of petitioner for 12 months upon various conditions. We reject the contention that respondent was denied effective assistance of counsel. Respondent has failed to establish that he was deprived of meaningful representation and that he sustained actual prejudice as a result of the claimed deficiencies of counsel ( see Matter of Jonathan LL., 294 A.D.2d 752; Matter of Leo UU., 288 A.D.2d 711, 713, lv denied 97 N.Y.2d 609; Matter of James R., 238 A.D.2d 962, 962-963).
We reject the further contention of respondent that Family Court erred in refusing to allow leading questions of his own witness: his wife and the children's mother. That ruling was proper inasmuch as the witness was not adverse to respondent ( cf. Matter of Bryan W., ___ A.D.2d ___ [Nov. 15, 2002]; Jordan v. Parrinello, 144 A.D.2d 540, 541) and did not otherwise appear hostile toward respondent or unwilling to answer his attorney's questions ( see Matter of Ostrander v. Ostrander, 280 A.D.2d 793; Marzuillo v. Isom, 277 A.D.2d 362, 363; Jordan, 144 ___ A.D.2d ___ at 541; Segreti v. Putnam Community Hosp., 88 A.D.2d 590, 592; see generally Prince, Richardson on Evidence § 6-228 [Farrell 11th ed]).