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Matter of Michael W

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 884 (N.Y. App. Div. 1999)

Opinion

November 12, 1999

Appeal from Order of Allegany County Family Court, Feeman, Jr., J. — Terminate Parental Rights.

PRESENT: PINE, J. P., LAWTON, HAYES, WISNER AND SCUDDER, JJ.


Order unanimously affirmed without costs. Memorandum: The evidence supports Family Court's determination that termination of respondent's parental rights is in the best interests of the children (see, Matter of Star Leslie W., 63 N.Y.2d 136, 147-148; Matter of Katara F., 231 A.D.2d 844, 845, lv denied 89 N.Y.2d 805). The record establishes that, despite respondent's denials, respondent has ongoing problems with domestic violence and anger control and fails to seek treatment. Respondent also contends that the plea allocution following two days of testimony at the fact-finding hearing was insufficient to sustain a finding of permanent neglect (see, Family Ct Act § 622). The record establishes that the admissions were made knowingly and voluntarily, and thus they provide a sufficient basis for the adjudication of permanent neglect (see, Family Ct Act § 622; Matter of Jennifer R. [appeal No. 1], 247 A.D.2d 873). Finally, we reject the contention of respondent that he received ineffective assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137, 147). Ineffectiveness may not "be inferred merely because the attorney counseled respondent to admit the allegations in the petition" (Matter of Nasir H., 251 A.D.2d 1010, lv denied 92 N.Y.2d 809).


Summaries of

Matter of Michael W

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 12, 1999
266 A.D.2d 884 (N.Y. App. Div. 1999)
Case details for

Matter of Michael W

Case Details

Full title:MATTER OF MICHAEL W., ALLEGANY COUNTY DEPARTMENT OF SOCIAL SERVICES…

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

Date published: Nov 12, 1999

Citations

266 A.D.2d 884 (N.Y. App. Div. 1999)
697 N.Y.S.2d 898

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