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IN RE: TERRANCE L., a Child Alleged to be Neglected. (Anonymous). Suffolk County Department of Social Services, respondent; Jorge L. (Anonymous), appellant. (Proceeding No. 1.) In the Matter of Drew L. (Anonymous). Suffolk County Department of Social Services, respondent; Jorge L. (Anonymous), appellant. (Proceeding No. 2.) In the Matter of Michael L. (Anonymous). Suffolk County Department of Social Services, respondent; Jorge L. (Anonymous), appellant. (Proceeding No. 3.) In the Matter of Anthony L. (Anonymous). Suffolk County Department of Social Services, respondent; Jorge L. (Anonymous), appellant. (Proceeding No. 4.) In the Matter of Concetta L. (Anonymous). Suffolk County Department of Social Services, respondent; Jorge L. (Anonymous), appellant. (Proceeding No. 5.)
In five related child protective proceedings pursuant to Family Court Act article 10, the father appeals from an order of disposition of the Family Court, Suffolk County (Freundlich, J.), entered April 27, 1999, which, upon a fact-finding order of the same court entered July 10, 1997, made after a hearing, finding that he had abused his children Concetta L. and Drew L., and neglected his children Michael L., Anthony L., and Terrance L., terminated his parental rights and placed these children with the Suffolk County Department of Social Services for the purpose of adoption. The appeal brings up for review the fact-finding order.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contentions, the Family Court did not make inappropriate use of judicial notice during the appellant's parental termination proceeding. It was within the court's power to take such notice of its own prior proceedings (see, CPLR 4511; Matter of Justin EE, 153 A.D.2d 772, 544 N.Y.S.2d 892; see also, Prince, Richardson on Evidence § 2-209 [Farrell 11th ed.] ), and the appellant stipulated to the fact that he was convicted in a prior criminal proceeding of sexually abusing, raping, and endangering the welfare of two of his seven children (see, Matter of Justin EE, supra; see also, Fisch, N.Y. Evidence § 1065, at 602-603 [2d ed.] ).
Contrary to the appellant's contention, he was not denied the effective assistance of counsel (see, People v. Satterfield, 66 N.Y.2d 796, 497 N.Y.S.2d 903, 488 N.E.2d 834; People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400; Matter of Erin G., 139 A.D.2d 737, 527 N.Y.S.2d 488).
The appellant's remaining contention is without merit.
MEMORANDUM BY THE COURT.
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Decided: October 23, 2000
Court: Supreme Court, Appellate Division, Second 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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