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Matter of Children

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 1990
168 A.D.2d 312 (N.Y. App. Div. 1990)

Opinion

December 13, 1990

Appeal from the Family Court, New York County (Leah Ruth Marks, F.C.J.).


Respondent contends that the agency failed to prove either that it exercised diligent efforts to strengthen the parental relationship between herself and her children, or that it was excused from doing so. To the contrary, the record demonstrates that the agency diligently promoted the parent-child relationship until respondent was convicted for the murder of her eight-year-old daughter and sentenced to 25 years' to life imprisonment. At that point, the agency justifiably determined that any further efforts to strengthen the parent-child relationship would be contrary to the best interests of the children. (Matter of Sheila G., 61 N.Y.2d 368.)

Respondent's contention that she did not receive effective assistance of counsel is unsupported by the record. In addition, the IAS court did not abuse its discretion by refusing to grant respondent an adjournment and by excluding her from the courtroom. The request for an adjournment for medical reasons was unsubstantiated. Respondent's continuous misconduct warranted her exclusion from the courtroom.

Concur — Kupferman, J.P., Sullivan, Ross, Ellerin and Rubin, JJ.


Summaries of

Matter of Children

Appellate Division of the Supreme Court of New York, First Department
Dec 13, 1990
168 A.D.2d 312 (N.Y. App. Div. 1990)
Case details for

Matter of Children

Case Details

Full title:In the Matter of B. CHILDREN. DEPARTMENT OF SOCIAL SERVICES, Respondent…

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

Date published: Dec 13, 1990

Citations

168 A.D.2d 312 (N.Y. App. Div. 1990)
562 N.Y.S.2d 643

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