Opinion
2012-03-16
In the Matter of BRANDON B., Jason B., Joshua B., Kristina B., and Samantha B.Erie County Department of Social Services, Petitioner–Respondent;Scott B., Respondent–Appellant.
William D. Broderick, Jr., Elma, for Respondent–Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent.
William D. Broderick, Jr., Elma, for Respondent–Appellant. Joseph T. Jarzembek, Buffalo, for Petitioner–Respondent. David C. Schopp, Attorney for the Child, The Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of Counsel), for Jason B.Kenneth W. Gibbons, Attorney for the Child, Buffalo, for Brandon B.Thomas A. Deuschle, Attorney for the Child, West Seneca, for Joshua B.Elizabeth M. Dipirro, Attorney for the Children, Getzville, for Kristina B. and Samantha B.
PRESENT: CENTRA, J.P., CARNI, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
MEMORANDUM:
Respondent father appeals from an order terminating his parental rights with respect to the five children who are the subject of this proceeding based on a finding of permanent neglect and freeing the children for adoption. We reject the father's contention that he was denied effective assistance of counsel at the fact-finding stage of the proceeding. “ ‘There was no showing of ineffectiveness here, nor may ineffectiveness be inferred merely because the attorney counseled [the father] to admit [to] the allegations in the petition[s]’ ” ( Matter of Sean W., 87 A.D.3d 1318, 1319, 930 N.Y.S.2d 700, lv. denied 18 N.Y.3d 802, 2011 WL 6223145). It is clear from the record that the attorney's recommendation that the father admit to the allegations of permanent neglect was a matter of strategy ( see Matter of Elijah D., 74 A.D.3d 1846, 1847, 902 N.Y.S.2d 736; see generally People v. Benevento, 91 N.Y.2d 708, 712–713, 674 N.Y.S.2d 629, 697 N.E.2d 584). Further, “[a] parent alleging ineffective assistance of counsel [in a Family Court case] has the burden of demonstrating ... that the deficient representation resulted in actual prejudice” ( Matter of Michael C., 82 A.D.3d 1651, 1652, 920 N.Y.S.2d 502, lv. denied 17 N.Y.3d 704, 2011 WL 2535216; see Sean W., 87 A.D.3d at 1319, 930 N.Y.S.2d 700), and the father failed to meet that burden here.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.