In re Dylan Mc.
| Decision Date | 24 April 2013 |
| Citation | 105 A.D.3d 1049,2013 N.Y. Slip Op. 02753,964 N.Y.S.2d 209 |
| Parties | In the Matter of DYLAN MC. (Anonymous). Nassau County Department of Social Services, et al., respondents; Michelle M. Mc. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Connor Mc. (Anonymous). Nassau County Department of Social Services, et al., respondents; Michelle M. Mc. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Michael W. (Anonymous), petitioner-respondent, v. Michelle M. Mc. (Anonymous), appellant, et al., respondent. (Proceeding No. 3) |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Arza Feldman, Uniondale, N.Y., for appellant.
John Ciampoli, County Attorney, Mineola, N.Y. (Robert F. Van der Waag of counsel), for respondent Nassau County Department of Social Services.
Bruce J. Cohen, Jericho, N.Y., for petitioner-respondent Michael W.
Eileen T. Stapleton, Levittown, N.Y., attorney for the children.
REINALDO E. RIVERA, J.P., THOMAS A. DICKERSON, JOHN M. LEVENTHAL, and L. PRISCILLA HALL, JJ.
In two related child protective proceedings pursuant to Family Court Act article 10, and a related child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Nassau County (Greenberg, J.), dated April 13, 2011, which, after a hearing, granted the father's petition for custody of the subject children and awarded her only therapeutic supervised visitation and any other supervised visitation agreed upon by the parties.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the mother's contention, the Family Court did not improperly delegate its authority to determine visitation issues in the best interests of the children to the court-appointed forensic evaluator ( cf. Matter of Balgley v. Cohen, 73 A.D.3d 1038, 1038, 900 N.Y.S.2d 659;Matter of Sinnott–Turner v. Kolba, 60 A.D.3d 774, 776, 875 N.Y.S.2d 512;Matter of Held v. Gomez, 35 A.D.3d 608, 608, 824 N.Y.S.2d 741;Grisanti v. Grisanti, 4 A.D.3d 471, 474–475, 772 N.Y.S.2d 700;Johnson v. Johnson, 303 A.D.2d 641, 642, 757 N.Y.S.2d 87), or to either or both of the parents ( cf. Taylor v. Jackson, 95 A.D.3d 1604, 1605, 945 N.Y.S.2d 465;Matter of Taylor v. Fry, 63 A.D.3d 1217, 1219, 880 N.Y.S.2d 721;Matter of William BB. v. Susan DD., 31 A.D.3d 907, 908, 818 N.Y.S.2d 354).
The Family Court did not improvidently exercise its discretion in denying the mother's counsel's request to be relieved eight months after the combined dispositional and custody hearing had begun ( see Matter of Khan v. Dolly, 39 A.D.3d 649, 650, 833 N.Y.S.2d 608;Cashdan v. Cashdan, 243 A.D.2d 598, 598, 663 N.Y.S.2d 271). There is no evidence that the mother's conduct rendered it unreasonably difficult for counsel “to carry out employment effectively” ( Green v. Gasparini, 24 A.D.3d 505, 506, 808 N.Y.S.2d 292;see generally Walker v. Mount Vernon Hosp., 5 A.D.3d 590, 590, 772 N.Y.S.2d 832).
The mother's claim of ineffective assistance of counsel is without merit. Viewed in totality, the record shows that the mother received meaningful representation ( see Matter of Marra v. Hernandez, 102...
To continue reading
Request your trial
-
Mastronardi v. Milano-Granito
... ... Artura , 139 A.D.3d at 1077, 32 N.Y.S.3d 299 ). Moreover, contrary to the appellants' contention, the Family Court did not, in the order appealed from, improperly delegate its authority to determine visitation issues to the supervisor of the therapeutic visits (see Matter of Dylan Mc. [Michelle M. Mc.], 105 A.D.3d 1049, 1049, 964 N.Y.S.2d 209 ; cf. Matter of Rogan v. Guida , 143 A.D.3d 830, 831, 39 N.Y.S.3d 55 ; Matter of Balgley v. Cohen , 73 A.D.3d 1038, 1038, 900 N.Y.S.2d 659 ).The appellants' contentions related to the Family Court's subsequent order dated March 9, 2016, ... ...
-
Cruz v. Figueroa
... ... Camacho, 36 A.D.3d at 822, 828 N.Y.S.2d 496 ).The mother's contention that she was deprived of the effective assistance of counsel is without merit. Viewed in totality, the record shows that the mother received meaningful representation (see Matter of Dylan Mc. [Michelle M. Mc.], 105 A.D.3d 1049, 1050, 964 N.Y.S.2d 209 ; Matter of Marra v. Hernandez, 102 A.D.3d 699, 700, 956 N.Y.S.2d 908 ; Matter of Rodriguez v. Suarez, 93 A.D.3d 730, 730, 939 N.Y.S.2d 870 ... ...
-
Chamas v. Carino
... ... Herrera, 62 A.D.3d 1012, 878 N.Y.S.2d 916;Matter of Rashawn L.B., 8 A.D.3d 267, 778 N.Y.S.2d 57). To the extent this claim is reviewable, the record, viewed in totality, shows that the mother received meaningful representation ( see Matter of Dylan Mc. [Michelle M. Mc.], 105 A.D.3d 1049, 1050, 964 N.Y.S.2d 209;Matter of Marra v. Hernandez, 102 A.D.3d 699, 700, 956 N.Y.S.2d 908;Matter of Larrier v. Williams, 84 A.D.3d 805, 806, 924 N.Y.S.2d 272). The issues raised by the mother regarding a certain award of temporary custody to ... ...
-
In re Keir B.
... ... People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902). The appellant was afforded the effective assistance of counsel ( see Matter of Darrell W. [Tenika C.], 110 A.D.3d 1088, 974 N.Y.S.2d 85;Matter of Dylan Mc.[Michelle M. Mc.], 105 A.D.3d 1049, 964 N.Y.S.2d 209). The appellant's remaining contention is without ... ...