Opinion
1022 CAF 19-02132
11-20-2020
In the MATTER OF DANYEL J. and John J. Jefferson County Department of Social Services, Petitioner-Respondent; v. Alan J., Respondent-Appellant, and Leeann B., Respondent.
CAITLIN M. CONNELLY, BUFFALO, FOR RESPONDENT-APPELLANT. MICHAEL D. WERNER, WATERTOWN, FOR PETITIONER-RESPONDENT. MELISSA L. KOFFS, CHAUMONT, ATTORNEY FOR THE CHILDREN.
CAITLIN M. CONNELLY, BUFFALO, FOR RESPONDENT-APPELLANT.
MICHAEL D. WERNER, WATERTOWN, FOR PETITIONER-RESPONDENT.
MELISSA L. KOFFS, CHAUMONT, ATTORNEY FOR THE CHILDREN.
PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Social Services Law § 384-b, respondent father appeals from an order that, inter alia, terminated his parental rights with respect to the subject children. We reject the father's contention that Family Court erred in denying his request for new assigned counsel. "The right of an indigent party to assigned counsel under the Family Court Act is not absolute" ( Matter of Destiny V. [Mark V.] , 107 A.D.3d 1468, 1469, 965 N.Y.S.2d 904 [4th Dept. 2013] ; see Matter of Anthony J.A. [Jason A.A.] , 180 A.D.3d 1376, 1378, 119 N.Y.S.3d 352 [4th Dept. 2020], lv denied 35 N.Y.3d 902, 2020 WL 2202991 [2020] ). A party seeking the appointment of new assigned counsel " ‘must establish that good cause for release existed necessitating dismissal of assigned counsel’ " ( Anthony J.A. , 180 A.D.3d at 1378, 119 N.Y.S.3d 352 ; see Destiny V. , 107 A.D.3d at 1469, 965 N.Y.S.2d 904 ). The father failed to establish good cause here.
Insofar as the father preserved for our review his further contention that the court erred in admitting hearsay evidence at the fact-finding hearing, we conclude that any error is harmless because "the court placed minimal, if any, reliance on" the statements in question ( Matter of Higgins v. Higgins , 128 A.D.3d 1396, 1397, 7 N.Y.S.3d 796 [4th Dept. 2015] ; see Matter of Carl B. [Crystale L.] , 178 A.D.3d 1456, 1456, 112 N.Y.S.3d 641 [4th Dept. 2019], lv denied 35 N.Y.3d 903, 2020 WL 2203165 [2020] ) and, "even without reference to [the statements], the clear and convincing proof presented at the fact-finding hearing established the [father's] permanent neglect of the child[ren]" ( Carl B. , 178 A.D.3d at 1456-1457, 112 N.Y.S.3d 641 ; see Matter of Bryson M. [Victoria M.] , 184 A.D.3d 1138, 1139, 124 N.Y.S.3d 751 [4th Dept. 2020] ).