In re Elijah D., 74 A.D.3d 1846 (N.Y. App. Div. 4th Dep't 2010). · Go Syfert
In re Elijah D., 74 A.D.3d 1846 (N.Y. App. Div. 4th Dep't 2010). Cases Citing This Book View Copy Cite
38 citation events (38 in the last 25 years) across 3 distinct courts.
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At page 1847 Determining best interests and effective assistance in family court20 citing cases“it is axiomatic that, because the potential consequences are so drastic, the family court act affords protections equivalent to the constitutional standard of effective assistance of counsel afforded defendants in criminal proceedings”the opinion's own words at *1847, quoted by 7 later opinions · 17 listed here
  • Matter of Noah P. (Ashley P.), 246 A.D.3d 1398 (N.Y. App. Div. 4th Dep't 2026).published
    Finally, we reject the father's contention that the court abused its discretion in refusing to enter a suspended judgment ( see Matter of Tumario B. [Valerie L.] , 83 AD3d 1412, 1412 [4th Dept 2011], lv denied 17 NY3d 705 [2011]; Matter of…
  • Matter of Abrams v. Smith, 244 A.D.3d 1790 (N.Y. App. Div. 4th Dep't 2025).published 2 cites
    Although the Family Court Act affords protections equivalent to the constitutional standard of effective assistance of counsel afforded defendants in criminal proceedings ( see Matter of Brown v Gandy , 125 AD3d 1389, 1390 [4th Dept 2015];…
  • Matter of Patience E. (Victoria E.), 225 A.D.3d 1181 (N.Y. App. Div. 4th Dep't 2024).published
    Here, the mother's progress in completing her parenting classes, which was only one of several required services, "was made after the [termination of parental rights] petition[s were] filed, and she failed to complete th[at] requirement [o…
  • Matter of Sandy L.S. v. Onondaga Cnty. Dept. of Child. & Fam. Servs., 188 A.D.3d 1751 (N.Y. App. Div. 4th Dep't 2020).published
    Family Court's determination that it is in the best interests of the child to free her for adoption by the foster parents is entitled to great deference ( see Matter of Elijah D. [Allison D.] , 74 AD3d 1846, 1847 [4th Dept 2010]), and we s…
  • K., Sophia M. G., Mtr. of, 132 A.D.3d 1377 (N.Y. App. Div. 4th Dep't 2015).published
    The court’s determinations in both appeals that it was in the children’s best interests to be adopted by the foster parents with whom they had lived for most of their lives rather than to be returned to the mother is entitled to great defe…
  • Brown v. Gandy, 125 A.D.3d 1389 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    With respect to the father’s contention that he was denied effective assistance of counsel at the hearing, we note at the outset that, “because the potential consequences are so drastic, the Family Court Act affords protections equivalent…
  • Brown, Jennifer v. Steves, Laura, No. CAF 13-01337 (N.Y. App. Div. 4th Dep't Feb. 6, 2015).published
    With respect to the father’s contention that he was denied effective assistance of counsel at the hearing, we note at the outset that, “because the potential consequences are so drastic, the Family Court Act affords protections equivalent…
  • T., Haley M., Mtr. of, 96 A.D.3d 1549 (N.Y. App. Div. 4th Dep't 2012).published
    Contrary to respondent’s further contention, she received meaningful representation (see Matter of Elijah D. [Allison D.], 74 AD3d 1846, 1847 [2010]; Matter of Grabiel V., 59 AD3d 1132, 1133 [2009], lv denied 12 NY3d 711 [2009]).
  • In re Brandon B., 93 A.D.3d 1212 (N.Y. App. Div. 4th Dep't 2012).published
    It is clear from the record that the attorney’s recommendation that the father admit to the allegations of permanent neglect was a matter of strategy (see Matter of Elijah D. [Allison D.], 74 AD3d 1846, 1847 [2010]; see generally People v…
  • C., Michael, Mtr. of, No. CAF 10-00620 (N.Y. App. Div. 4th Dep't Mar. 25, 2011).published
    “It is axiomatic that, because the potential consequences are so drastic, the Family Court Act affords protections equivalent to the constitutional standard of effective assistance of counsel afforded defendants in criminal proceedings” (E…
Show 7 more citing cases
  • In re Michael C., 82 A.D.3d 1651 (N.Y. App. Div. 4th Dep't 2011).published
    “It is axiomatic that, because the potential consequences are so drastic, the Family Court Act affords protections equivalent to the constitutional standard of effective assistance of counsel afforded defendants in criminal proceedings” (E…
  • Matter of Cathcart v. Williams, 236 A.D.3d 1479 (N.Y. App. Div. 4th Dep't 2025).published
    Finally, we reject the father's contention with respect to the remaining instances of allegedly ineffective assistance inasmuch as the father did not "demonstrate the absence of strategic or other legitimate explanations for counsel's alle…
  • Matter of Aubree R. (Natasha B.), 217 A.D.3d 1565 (N.Y. App. Div. 4th Dep't 2023).published
    "It is axiomatic that, because the potential consequences are so drastic, the Family Court Act affords protections equivalent to the constitutional standard of effective assistance of counsel afforded defendants in criminal proceedings" (…
  • Matter of Buckley v. Kleinahans, 2018 NY Slip Op 4195 (N.Y. App. Div. 4th Dep't 2018).published
    We further reject the father's contention with respect to the remaining instances of alleged ineffective assistance of counsel inasmuch as he did not " demonstrate the absence of strategic or other legitimate explanations' for counsel's al…
  • In re Burke H., 134 A.D.3d 1499 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    The court’s determination “that it was in the [subject] children’s best interests to be adopted by the foster parent [ ] with whom they had lived for most of their lives rather than to be returned to the [parents] is entitled to great defe…
  • Reinhardt, Kimberly E. v. Hardison, Willie T., 122 A.D.3d 1448 (N.Y. App. Div. 4th Dep't 2014).published
    Finally, we reject the father’s contention that he was denied effective assistance of counsel inasmuch as he did not “ ‘demonstrate the absence of strategic or other legitimate explanations’ for counsel’s alleged shortcomings” (People v Be…
  • In re Mikia H., 78 A.D.3d 1575 (N.Y. App. Div. 4th Dep't 2010).published
    Contrary to the contention of the mother, “ ‘[t]he progress made by -[her] in the months preceding the dispositional determination was not sufficient to warrant any further prolongation of the child[ren]’s unsettled familial status’ ” (Mat…
902 N.Y.S.2d at 736 cited at this page2 citing cases
  • In re Carrington H., 483 S.W.3d 507 (Tenn. 2016).published 3 cites
    C.H., 166 P.3d 288 , 290 (Colo.App.2007); State v. Anonymous, 179 Conn. 155 , 425 A.2d 939, 943 (1979); In re R.E.S., 978 A.2d at 189 ; J.B. v. Fla. Dep’t of Children and Families, 170 So.3d 780, 790 (Fla.2015); In re A.R.A.S., 278 Ga.App.…
  • In re Carrington H. - Concurring In Part & Dissenting In Part, No. M2014-00453-SC-R11-PT (Tenn. Jan. 29, 2016).published
    Children, Youth & Families Dep’t v. Tammy S., 974 P.2d 158, 162 (N.M. Ct. App. 1998); In re Elijah D., 902 N.Y.S.2d 736, 736 (N.Y. App. Div. 2010); In re S.C.R., 679 S.E.2d 905, 909 (N.C. Ct. App. 2009); In re K.L., 751 N.W.2d 677, 685 (N.…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
In the Matter of Elijah D. Erie County Department of Social Services, Respondent Allison D.
Appellate Division of the Supreme Court of the State of New York.
Jun 11, 2010.
Published opinion
74 A.D.3d 1846
Cited by 28 opinions  |  Published

Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered April 21, 2009 in a proceeding pursuant to Family Court Act article 10. The order, inter alia, terminated the parental rights of respondent.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent mother appeals from an order terminating her parental rights with respect to her son on the[*1847] ground of permanent neglect. The child was placed in foster care 10 days after his birth as a result of positive toxicology reports indicating that a variety of substances were found in his system at birth, including prescribed medication that the mother ingested during her pregnancy. Contrary to the mother’s contention, Family Court did not abuse its discretion in refusing to enter a suspended judgment (see Matter of Arella D.P.-D., 35 AD3d 1222 [2006], lv denied 8 NY3d 809 [2007]). Although the mother had made progress in completing the requirements of petitioner’s plan for services and had discontinued the use of prescribed pain medication, that progress was made after the petition was filed, and she failed to complete those requirements during the 10 months from the timé the petition was filed and the hearing was concluded (cf. Matter of Christopher C., 58 AD3d 622, 623-624 [2009]). The record supports our conclusion that “ ‘[t]he progress made by [the mother] in the months preceding the dispositional determination was not sufficient to warrant any further prolongation of the child’s unsettled familial status’ ” (Matter of Roystar T. [Samarian B.], 72 AD3d 1569, 1569 [2010]). The court’s determination that it was in the child’s best interests to be adopted by the foster parents with whom he had lived since his birth rather than to be returned to the mother is entitled to great deference (see Matter of Kyle S., 11 AD3d 935 [2004]).

We reject the further contention of the mother that she was denied effective assistance of counsel. It is axiomatic that, “because the potential consequences are so drastic, the Family Court Act ‘affords protections equivalent to the constitutional standard of effective assistance of counsel afforded defendants in criminal proceedings’ ” (Matter of James R., 238 AD2d 962, 963 [1997]; see Matter of Sarah A., 60 AD3d 1293, 1294-1295 [2009]). The record establishes that the mother’s attorney effectively cross-examined petitioner’s witnesses. Furthermore, the mother’s attorney called several witnesses and effectively demonstrated that the inability of the mother to care for her son was related to prescribed pain medication, that she was no longer taking that medication, that she had progressed in completing the requirements of petitioner’s plan for services and that she visited her son consistently in the several months preceding the dispositional determination. We conclude that the mother failed to “ ‘demonstrate the absence of strategic or other legitimate explanations’ for counsel’s alleged shortcomings” and that the mother received meaningful representation (People v Benevento, 91 NY2d 708, 712 [1998]; see generally James R., 238 AD2d 962 [1997]). Present—Scudder, P.J., Martoche, Sconiers, Green and Gorski, JJ.