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IN RE: TYSHAWN JARAIND C., A Dependent Child Under the Age of Eighteen Years, etc., Jaraind Louis C., Respondent-Appellant, Cardinal McCloskey Services, Petitioner-Respondent.
Appeal from order of disposition, Family Court, New York County (Sara P. Schechter, J.), entered on or about February 10, 2005, which, to the extent appealed from, determined that respondent father's consent for the placement of his child for adoption was not required, unanimously dismissed, without costs.
The record reflects that appellant consented to his designation as a notice father as set forth in the dispositional order. No appeal lies from an order entered on consent (Matter of Michael CC., 216 A.D.2d 740, 628 N.Y.S.2d 438 [1995] ). Were we to address the merits, we would find-to the extent the record permits review-that appellant's consent was not required, since he failed to provide consistent financial support for his child born out of wedlock (see Matter of Maxamillian, 6 A.D.3d 349, 777 N.Y.S.2d 35 [2004] ).
We reject appellant's claim that he was denied effective assistance of counsel. Given his acknowledged failure to support the child, he could not have been prejudiced by any failing on the part of his counsel (People v. Benevento, 91 N.Y.2d 708, 714-715, 674 N.Y.S.2d 629, 697 N.E.2d 584 [1998] ).
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Decided: October 19, 2006
Court: Supreme Court, Appellate Division, First Department, New York.
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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.
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