Filed Date: 1/3/2014
Status: Precedential
Modified Date: 11/1/2024
Memorandum: On appeal from an order terminating her parental rights on the ground of permanent neglect and transferring guardianship and custody of the children to petitioner, respondent mother contends that she was denied effective assistance of counsel. We reject that contention. It is well settled that “[a] parent alleging ineffective assistance of counsel has the burden of demonstrating both that he or she was denied meaningful representation and that the deficient representation resulted in actual prejudice” (Matter of Michael C., 82 AD3d 1651, 1652 [2011], lv denied 17 NY3d 704 [2011]). Here, the mother’s attorney provided meaningful representation at the hearing on the petition alleging that she violated the terms of the suspended judgment and at the dispositional hearing, and the mother’s contention otherwise “is impermissibly based on speculation, i.e., that favorable evidence could and should have been offered on [her] behalf’ (Matter of Devonte M.T. [Leroy T.],