Department of Social Services on Behalf of Beatrice v. P. v. Trustum C.D.
| Court | New York Supreme Court Appellate Division |
| Citation | 97 A.D.2d 831,468 N.Y.S.2d 908 |
| Parties | The DEPARTMENT OF SOCIAL SERVICES o/b/o BEATRICE V.P. (Anonymous) Appellant, v. TRUSTUM C.D. (Anonymous) Respondent. |
| Decision Date | 28 November 1983 |
Page 908
(Anonymous) Appellant,
v.
TRUSTUM C.D. (Anonymous) Respondent.
Second Department.
Page 909
Kenneth Ross Wolfe, Garden City, for appellant.
Robert M. Rosen & Associates, P.C., Garden City (Howard B. Leff and Stacy Silverstein, Garden City, of counsel), for respondent.
Before TITONE, J.P., and O'CONNOR, WEINSTEIN and RUBIN, JJ.
MEMORANDUM BY THE COURT.
In a filiation proceeding, petitioner appeals, as limited by her brief, from so much of an order of the Family Court, Nassau County (decision by COMSTOCK, J., order by DEMPSEY, J.), entered September 29, 1981, as dismissed the petition.
Order affirmed insofar as appealed from, without costs or disbursements.
On the record before us, we find ample support for the finding that petitioner did not meet her burden of establishing paternity by clear and convincing evidence and we perceive no basis for substituting our judgment for that of the Trial Judge who saw and heard the witnesses (see Matter of Department of Social Servs. of Orange County v. Alan K., 69 A.D.2d 861, 415 N.Y.S.2d 447; Matter of Commissioner of Social Servs. of N.Y. v. James H., 65 A.D.2d 772, 409 N.Y.S.2d 790; Gloria R. v. George P.L., 57 A.D.2d 892, 394 N.Y.S.2d 568; Matter of Linda S. v. James G., 52 A.D.2d 607, 382 N.Y.S.2d 106; cf. Matter of Commissioner of Social Servs. [Patricia A.] v. Philip DeG., 59 N.Y.2d 137, 463 N.Y.S.2d 761, 450 N.E.2d 681).
Nor does the failure of petitioner's attorney to request a human leucocyte antigen blood tissue test, subsequent to the statutory amendment permitting the test results to be received into evidence to aid in the determination of paternity (Family Ct. Act, § 532, as amd. by L.1981, ch. 9, eff. March 2, 1981), warrant reversal. While petitioner claims that she did not receive effective assistance of counsel, it is well settled in civil litigation that an attorney's errors or omissions are binding on the client (Link v. Wabash R.R. Co., 370 U.S. 626, 633-634, 82 S.Ct. 1386, 1390-1391, 8 L.Ed.2d 734; Chira v. Lockheed Aircraft Corp., 634 F.2d 664, 666-667 (2 Cir.1980); Cine Forty-Second St. Theatre Corp. v. Allied Artists Pictures Corp., 602 F.2d 1062, 1068 (2 Cir.1979). Davis v. United Fruit Co., 402 F.2d 328, 331 (2 Cir.1968), cert. den. 393 U.S. 1085, 89 S.Ct. 869, 21 L.Ed.2d 778), absent extraordinary circumstances such as the...
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