Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Matter of MICHAEL W. Allegany County Department of Social Services, Petitioner-Respondent; Kenneth W., Respondent-Appellant. Matter of Kenneth W., Jr., James W. and Michael W. Allegany County Department of Social Services, Petitioner-Respondent; Kenneth W., Respondent-Appellant.
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, 481 N.Y.S.2d 26, 470 N.E.2d 824; Matter of Katara F., 231 A.D.2d 844, 845, 648 N.Y.S.2d 395, lv. denied 89 N.Y.2d 805, 653 N.Y.S.2d 917, 676 N.E.2d 499). 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, 667 N.Y.S.2d 962). Finally, we reject the contention of respondent that he received ineffective assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400). 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, 674 N.Y.S.2d 179, lv. denied 92 N.Y.2d 809, 678 N.Y.S.2d 595, 700 N.E.2d 1231).
Order unanimously affirmed without costs.
MEMORANDUM:
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Decided: November 12, 1999
Court: Supreme Court, Appellate Division, Fourth Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)