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In re Alfred

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1997
237 A.D.2d 517 (N.Y. App. Div. 1997)

Opinion

March 24, 1997.

In a child protective proceeding pursuant to Family Court Act article 10, the parents appeal from an order of the Family Court, Rockland County (Warren, J.), dated November 9, 1994, which, after a fact-finding hearing, determined that Alfred C. was an abused and neglected child and that Suzanne C. was a neglected child.

Before: Miller, J.P., Ritter, Thompson and Krausman, JJ.


Ordered that the order is affirmed, without costs or disbursements.

The right to counsel in a proceeding pursuant to Family Court Act article 10 is guaranteed by statute ( see, Family Ct Act § 262 [a] [i]). In assessing a claim based upon ineffective assistance of counsel, the focus is whether the individual received "meaningful" assistance ( see, People v English, 215 AD2d 871; Matter of Erin G, 139 AD2d 737, 739; Matter of De Vivo v Burrell, 101 AD2d 607). Because of the potentially drastic consequences of a child protective proceeding, the statutory right to counsel under Family Court Act § 262 affords protections equivalent to the constitutional standard of effective assistance of counsel afforded defendants in criminal proceedings ( see, Matter of Erin G., supra, at 739; Matter of De Vivo v Burrell, supra). Applying these principles here we find that the appellants were afforded meaningful representation, thereby satisfying the constitutional standard ( see, Matter of Erin G., supra, at 739; People v Satterfield, 66 NY2d 796; People v Baldi, 54 NY2d 137).

The appellants' remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

In re Alfred

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1997
237 A.D.2d 517 (N.Y. App. Div. 1997)
Case details for

In re Alfred

Case Details

Full title:In the Matter of ALFRED C. and Another, Children Alleged to be Abused…

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

Date published: Mar 24, 1997

Citations

237 A.D.2d 517 (N.Y. App. Div. 1997)
655 N.Y.S.2d 589

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