Citation Numbers: 15 A.D.3d 794, 790 N.Y.S.2d 273, 2005 N.Y. App. Div. LEXIS 1915
Judges: Lahtinen
Filed Date: 2/24/2005
Status: Precedential
Modified Date: 11/1/2024
Appeal from an order of the Family Court of Clinton County (Lawliss, J.), entered October 22, 2003, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondents’ child to be neglected.
Respondent Loren K. (hereinafter respondent) and respondent Amy L. are the parents of Chelsea K. (born in 1999). In July 2003, petitioner commenced this neglect proceeding alleging that respondents had failed to provide medical care, adequate supervision, adequate guardianship and a safe and stable home for their daughter, that they had engaged in a physical altercation in front of Chelsea and that they had sexually abused a 12-year-old female. Prior to a fact-finding hearing, respondents admitted several of the allegations (but not the sexual abuse allegation) and consented to a finding that Chelsea was neglected. At the ensuing dispositional hearing, a caseworker related some of his findings from investigating the sexual abuse allegation, including his conversations with the 12-year-old female and the fact that respondents had been indicted with respect thereto. While this evidence was hearsay, Family Court considered it and determined that permitting Chelsea to continue to reside with respondents would not be in her best interest. Accordingly, she was placed in petitioner’s custody. Respondent appeals.
Respondent argues that Family Court’s dispositional determination was not supported by sufficient evidence. At a dispositional hearing, the paramount issue is the best interest of the
Next, respondent contends that he was denied the effective assistance of counsel because of a conflict arising from the fact that his attorney had previously represented the father of the 12-year-old who respondent had allegedly sexually abused. This potential conflict was raised by respondent’s counsel early in the proceeding and, after a conference with Family Court and all parties, it was determined that no party intended to call the father of the 12-year-old as a witness. Under such circumstances and after review of the record, we are unpersuaded that the potential conflict impacted the representation that respondent received nor was such representation ineffective within the meaning of the constitution (see generally People v Harris, 99 NY2d 202 [2002]).
Mercure, J.E, Mugglin, Rose and Kane, JJ., concur. Ordered that the order is affirmed, without costs.