In re Matthew C., 227 A.D.2d 679 (N.Y. App. Div. 1996). · Go Syfert
In re Matthew C., 227 A.D.2d 679 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
61 citation events (54 in the last 25 years) across 4 distinct courts.
Strongest positive: Matter of Parker J. (Beth F.) (ny, 2025-11-25)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Parker J. (Beth F.)
NY · 2025 · confidence medium
Matter of Adam M.M. , 179 AD3d 801, 802 [2d Dept 2020]; Matter of Matthew C. , 227 AD2d 679, 682 [3d Dept 1996]; see also Matter of Bryant Angel Malik J. , 76 AD3d 936 , 937 [1st Dept 2010]).
discussed Cited as authority (rule) Matter of Nikole V. (Norman V.)
N.Y. App. Div. · 2024 · confidence medium
Thus, while any challenge to Family Court's disposition has been rendered moot, a challenge to the adjudication of permanent neglect is not moot given the "permanent and significant stigma which is capable of affecting a parent's status in potential future proceedings" ( Matter of Matthew C. , 227 AD2d 679, 680 [3d Dept 1996]; see Matter of Iyanna KK. [Edward KK.] , 141 AD3d 885, 886 [3d Dept 2016]; Matter of Mahogany Z. [Wayne O.] , 72 AD3d 1171, 1172 [3d Dept 2010], lv denied 14 NY3d 714 [2010]).
discussed Cited as authority (rule) Matter of Amari F. (Haley F.)
N.Y. App. Div. · 2023 · confidence medium
Although a child's adoption will not render moot a challenge to the finding of permanent neglect ( see Matter of Iyanna KK. [Edward KK.] , 141 AD3d 885, 886 [3d Dept 2016]; Matter of Mahogany Z. [Wayne O.] , 72 AD3d 1171, 1172 [3d Dept 2010], lv denied 14 NY3d 714 [2010]; Matter of Matthew C ., 227 AD2d 679, 680 [3d Dept 1996]), respondent does not take issue with that underlying finding here.
discussed Cited as authority (rule) Matter of Derick L. (Michael L.)
N.Y. App. Div. · 2018 · confidence medium
That said, to the extent that the father challenges the permanent neglect finding with respect to the older child, the appeal is not moot because such finding creates a permanent and significant stigma that may affect respondent's status in future proceedings ( see Matter of Matthew C. , 227 AD2d 679, 680 [1996]).
cited Cited as authority (rule) Matter of Rita F.H. v. Jesse M.H.
N.Y. App. Div. · 2018 · confidence medium
Matter of Matthew C. , 227 AD2d 679, 682-683 [3d Dept 1996]).
discussed Cited as authority (rule) In re Shay-Nah FF.
N.Y. App. Div. · 2013 · confidence medium
Although it appears that the infant has been returned to respondent’s custody and the one-year order of supervision has, presumably, expired, respondent’s appeal is nonetheless not moot because a neglect determination creates “ ‘a permanent and significant stigma’ ” that may adversely affect respondent in future proceedings (Matter of Mahogany Z. [Wayne O.], 72 AD3d 1171, 1172 [2010], lv denied 14 NY3d 714 [2010], quoting Matter of Matthew C., 227 AD2d 679, 680 [1996]). .
discussed Cited as authority (rule) In re Shay-Nah FF.
N.Y. App. Div. · 2013 · confidence medium
Although it appears that the infant has been returned to respondent’s custody and the one-year order of supervision has, presumably, expired, respondent’s appeal is nonetheless not moot because a neglect determination creates “ ‘a permanent and significant stigma’ ” that may adversely affect respondent in future proceedings (Matter of Mahogany Z. [Wayne O.], 72 AD3d 1171, 1172 [2010], lv denied 14 NY3d 714 [2010], quoting Matter of Matthew C., 227 AD2d 679, 680 [1996]). .
cited Cited as authority (rule) In re Xavier
N.Y. App. Div. · 2011 · confidence medium
A neglect adjudication is “a permanent and significant stigma which is capable of affecting a parent’s status in potential future proceedings” (Matter of Matthew C., 227 AD2d 679, 680 [1996]).
discussed Cited as authority (rule) In re Armani KK.
N.Y. App. Div. · 2011 · confidence medium
We also reject the Attorney for the Children’s claim that the mother’s conditional judicial surrender of parental rights to Savannah renders that appeal moot, as the finding of neglect creates “ ‘a permanent and significant stigma’ ” that may adversely affect the mother in future proceedings (Matter of Mahogany Z. [Wayne O.], 72 AD3d 1171, 1172 [2010], lv denied 14 NY3d 714 [2010], quoting Matter of Matthew C., 227 AD2d 679, 680-681 [1996]; see Matter of Albert Francis B., 66 AD3d 769, 770 [2009]; see also Matter of Amber C., 38 AD3d 538, 539-540 [2007], lv denied 8 NY3d 816 [2007]…
discussed Cited as authority (rule) In re Thomas X.
N.Y. App. Div. · 2011 · confidence medium
Upon our review of the record as a whole, we conclude that respondent received meaningful representation (see generally Matter of Ashley L., 22 AD3d 915, 917 [2005]; Matter of Matthew C., 227 AD2d 679, 682-683 [1996]).
cited Cited as authority (rule) In re Malik J.
N.Y. App. Div. · 2010 · confidence medium
This does not provide a basis for finding ineffective assistance of counsel (see Matter of Matthew C., 227 AD2d 679, 682-683 [1996]).
discussed Cited as authority (rule) State v. Campany
N.Y. App. Div. · 2010 · confidence medium
Matter of Kathleen K., 66 AD3d 683 [2009], lv denied 13 NY3d 713 [2009]; Matter of Jenna KK., 50 AD3d 1216, 1217 [2008], lv denied 11 NY3d 703 [2008]; Matter of Moore v Blank, 8 AD3d 1090 [2004], lv denied 3 NY3d 606 [2004]; Matter of Matthew C., 227 AD2d 679, 682 [1996]).
discussed Cited as authority (rule) In re Brandon DD.
N.Y. App. Div. · 2010 · confidence medium
Although Family Court issued a subsequent permanency hearing order in February 2010 and a corrected order in March 2010 that extended the child’s placement, respondent’s appeal from the third dispositional order is not moot inasmuch as an order placing a child in foster care may, in future proceedings, affect a parent’s status or parental rights (see Family Ct Act § 1055 [b] [i] [D]; § 1089 [d] [2] [vii] [D]; Matter of Jeffrey D., 233 AD2d 668, 669 [1996]; Matter of Matthew C., 227 AD2d 679, 680 [1996]).
discussed Cited as authority (rule) In re Mahogany Z.
N.Y. App. Div. · 2010 · confidence medium
A determination of neglect creates “a permanent and significant stigma which is capable of affecting a parent’s status in potential future proceedings” and, thus, an appeal therefrom is not moot even though the subject child has been adopted (Matter of Matthew C., 227 AD2d 679, 680-681 [1996]).
discussed Cited as authority (rule) In re Eric G.
N.Y. App. Div. · 2009 · confidence medium
A parent’s cooperation with and utilization of services recommended by the agency are taken into account in determining whether the parent’s statutory obligation has been fulfilled (see Matter of Jamie M., 63 NY2d 388, 393 [1984]; Matter of Matthew C., 227 AD2d 679, 681 [1996]).
discussed Cited as authority (rule) In re Simeon F.
N.Y. App. Div. · 2009 · signal: cf. · confidence medium
Accordingly, these appeals are moot (see Matter of Vivian OO., 44 AD3d 1104, 1105 [2007]; Matter of Raychael L.W., 298 AD2d 829 , 829 [2002], lv denied 99 NY2d 504 [2002]; Matter of Gerrod BB., 284 AD2d 584 , 585 n [2001]; cf. Matter of Matthew C., 227 AD2d 679, 680-681 [1996]), and we are unpersuaded that the exception to the mootness doctrine applies under the circumstances presented here (see Matter of Vivian OO., 34 AD3d 1084, 1085 [2006]; Matter of Norbert YY., 28 AD3d 815, 815 [2006]; cf. Matter of Melinda D., 31 AD3d 24, 27-28 [2006]).
discussed Cited as authority (rule) In re Chaquill R.
N.Y. App. Div. · 2008 · confidence medium
To prevail on such a claim in this context, respondent must “demonstrate—on the record before us—both that she was deprived of meaningful representation and that counsel’s deficiencies caused her to suffer actual prejudice” (Matter of Nicholas GG., 285 AD2d 678, 679 [2001]; see Matter of James P., 17 AD3d 733, 734 [2005]; Matter of Matthew C., 227 AD2d 679, 682-683 [1996]).
discussed Cited as authority (rule) In re Nassau
N.Y. App. Div. · 2008 · confidence medium
By her actions, the mother failed to plan for her children’s return (see Matter of Jolie S., 298 AD2d 194, 195 [2002]; Matter of Sarah Jean R., 290 AD2d 511, 512 [2002]; Matter of Matthew C., 227 AD2d 679, 681-682 [1996]).
cited Cited as authority (rule) In re Evan F.
N.Y. App. Div. · 2008 · confidence medium
The father was not denied the effective assistance of counsel (see Matter of Ashley L., 22 AD3d 915, 917 [2005]; Matter of Matthew C., 227 AD2d 679, 682-683 [1996]).
discussed Cited as authority (rule) In re Leroy C.
N.Y. App. Div. · 2005 · confidence medium
The record shows no actual prejudice as a result of counsel’s absence and failure to protest; rather, it establishes that respondent was meaningfully represented and received a fair hearing (Matter of Matthew C., 227 AD2d 679, 683 [1996]).
discussed Cited as authority (rule) In re Ashley L.
N.Y. App. Div. · 2005 · confidence medium
In this type of proceeding, her showing will be evaluated “ ‘in totality and as of the time of the representation’ ” (People v Henry, 95 NY2d 563, 565 [2000], quoting People v Baldi, 54 NY2d 137, 147 [1981]; accord Matter of Brenden O., 20 AD3d 722, 723 [2005]; see Matter of Nicholas GG., 285 AD2d 678, 680 [2001]; Matter of Matthew C., 227 AD2d 679, 682-683 [1996]).
discussed Cited as authority (rule) In re Brenden O.
N.Y. App. Div. · 2005 · confidence medium
A respondent in a permanent neglect proceeding is entitled to the effective assistance of counsel and the applicable measure of effectiveness is the same as in a criminal proceeding (see Matter of Matthew C., 227 AD2d 679, 682 [1996]). “ ‘So long as the evidence, the law, and the circumstances of a particular case, viewed in totality and as of the time of the representation, reveal that the attorney provided meaningful representation,’ a [respondent’s] constitutional right to the effective assistance of counsel will have been met” (People v Henry, 95 NY2d 563, 565 [2000], quoting Peo…
discussed Cited as authority (rule) In re James P. (2×)
N.Y. App. Div. · 2005 · confidence medium
To establish entitlement to a new hearing based on ineffective assistance of counsel, respondent must demonstrate that he was deprived of meaningful representation and that he suffered actual prejudice as a result of counsel’s deficient representation (see Matter of Leo UU., 288 AD2d 711, 713 [2001], lv denied 97 NY2d 609 [2002]; Matter of Matthew C., 227 AD2d 679, 682-683 [1996]).
discussed Cited as authority (rule) In re Patrick S.
N.Y. App. Div. · 2003 · confidence medium
Respondent failed to establish that counsel provided less than meaningful representation (see Matter of Steven K., 255 AD2d 943 , 944 [1998], lv denied 92 NY2d 820 [1999]; Matter of Matthew C., 227 AD2d 679, 682-683 [1996]).
examined Cited as authority (rule) In re Nicholas GG. (3×) also: Cited "see, e.g."
N.Y. App. Div. · 2001 · confidence medium
To establish that she was not afforded effective assistance of counsel, it was incumbent upon respondent to demonstrate — on the record before us — both that she was deprived of meaningful representation and that counsel’s deficiencies caused her to suffer actual prejudice (see, Matter of Matthew C., supra, at 683).
discussed Cited "see" In re John I.
N.Y. App. Div. · 2004 · signal: see · confidence high
While the right to counsel, in a proceeding of this type, is guaranteed by statute (see Family Ct Act § 262 [a] [i]), to determine whether an individual has received effective assistance, “the evidence, . . . law, and the circumstances of a particular case, [must be] viewed in totality and as of the time of the representation” (People v Baldi, 54 NY2d 137, 147 [1981]; see Matter of Matthew C., 227 AD2d 679, 682 [1996]).
Retrieving the full opinion text from the archive…
In the Matter of Matthew C., a Child Alleged to be Permanently Neglected. Ulster County Department of Social Services, Respondent Donna C.
Appellate Division of the Supreme Court of the State of New York.
May 2, 1996.
227 A.D.2d 679
1996 N.Y. App. Div. LEXIS 4801
Spain.
Cited by 44 opinions  |  Published
Spain, J.

Appeal from an order of the Family Court of Ulster County (Mizel, J.), entered October 7, 1994, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondent’s child to be permanently neglected, and terminated respondent’s parental rights.

Matthew C. (born in 1989) is the youngest of respondent’s five children. Although the relevant court documents are not part of the record, it appears that on April 27, 1989, petitioner initiated emergency removal proceedings (see, Family Ct Act § 1021) and Family Court (Feeney, J.) ordered Matthew’s temporary placement with petitioner; shortly thereafter, he was placed in foster care. On May 1, 1989, petitioner filed a petition alleging that respondent had neglected Matthew and her other four children; in January 1990 respondent made an admission of neglect on the record. By dispositional order dated February 28, 1990, Family Court (Traficanti, J.) placed Matthew with petitioner and placed respondent under the supervision of petitioner with certain directions and conditions.

In November 1990, petitioner filed a petition seeking to extend Matthew’s placement in foster care and to extend the provisions of the dispositional order. Respondent opposed the[*680] extension and moved to vacate the February 28, 1990 order of fact-finding and disposition. In response, Family Court (Peters, J.) set aside the initial finding of neglect, but Matthew’s placement was continued pending petitioner’s filing of an amended petition; petitioner then filed an amended petition and a new fact-finding hearing was held in June 1991. Again, respondent admitted to certain allegations which the court found, as a matter of law, constituted neglect of all five children. A five-day dispositional hearing was held and a decision rendered in June 1992 which continued Matthew’s placement with petitioner and, again, imposed numerous directions and conditions upon respondent.

In April 1992, before Family Court’s dispositional decision was rendered, petitioner filed a petition alleging that respondent had permanently neglected Matthew. Respondent answered and a fact-finding hearing commenced in December 1992.* Petitioner offered no witnesses; however, it offered 18 pieces of documentary evidence which were accepted into evidence in support of its assertions that it had engaged in diligent efforts to reunite respondent with Matthew and that respondent failed to plan for his return. Five witnesses were called on respondent’s behalf. In June 1993, Family Court (Peters, J.) determined that respondent had permanently neglected Matthew. After the commencement of the dispositional hearing, the proceedings were reassigned to Judge Mizel because of the appointment of Justice Peters to the Third Department. A new dispositional hearing was held and was completed in April 1994.

In October 1994, in a rather extensive and detailed decision and order, Family Court (Mizel, J.) found that the best interest of Matthew would be served by terminating respondent’s parental rights and committed the guardianship and custody of Matthew to petitioner, thereby freeing him for adoption, without conditions. Respondent filed a notice of appeal; however, she failed to request and/or obtain a stay of any subsequent proceedings. In January 1995, Matthew was adopted by the foster parents with whom he had continually lived since the month following his birth.

Initially, we agree with respondent that although Matthew has been adopted the appeal from a determination of permanent neglect is not moot. An adjudication of neglect has been recognized as a permanent and significant stigma which is capable of affecting a parent’s status in potential future proceed[*681] ings (see, Matter of Eddie E., 219 AD2d 719; Matter of Westchester County Dept. of Social Servs. [Adam B.] v Laura B., 216 AD2d 402, appeal dismissed 86 NY2d 884). Upon review of the merits, however, we affirm.

Respondent does not dispute that petitioner engaged in diligent efforts to reunite her with Matthew but contends that petitioner did not sufficiently establish that she failed to plan for his return. We conclude that the record belies this contention. A parent is obligated to cooperate with the agency in fulfilling his or her responsibilities to the child (see, Matter of Star Leslie W., 63 NY2d 136, 144; Matter of Jessica FF., 211 AD2d 948) and, at the very least, must take steps to address the problems which caused the child’s removal from the home (see, Matter of Nathaniel T., 67 NY2d 838, 840; Matter of Chianti FF., 205 AD2d 849, 850). Failure to utilize medical, psychiatric, psychological and other rehabilitative and social services will be taken into account in determining whether a parent has met his or her statutory duty (see, Matter of Jamie M., 63 NY2d 388, 393).

Here, the record reveals that respondent consistently refused to accept responsibility for the problem which led to Matthew’s removal from her home, claiming all along that Matthew’s condition was caused by medication which she had been given during delivery. Further, respondent failed to demonstrate, as directed by Family Court, that she had obtained a physician for the children in her care. Although respondent completed parenting classes, she failed to attend said classes with an attendance rate as required by the court’s order. Moreover, between August 1989 and May 1991, psychological evaluations of respondent indicated that she was the product of a chaotic and stressful environment, that she was unable to respond to the emotional needs of those around her, that she was incapable of understanding or meeting the developmental needs of her young children and that she was also incapable of making any long-term progress in meeting her own emotional needs.

The record supports the conclusion that, while respondent took token steps toward improving the problems she faced, the final product of her efforts did not rise to the level of planning for Matthew’s future. In order to adequately plan for the future of a child a parent must "assume a measure of initiative and responsibility” (Matter of Jamie M., supra, at 393). By failing to take full advantage of the services and resources available to her, respondent failed to meet her responsibilities (see, Matter of Chianti FF., supra, at 850; Matter of Commissioner of Suffolk County Dept. of Social Servs. [James William T.] v Brenda [*682] T., 166 AD2d 529, lv denied 77 NY2d 803). In our view, the evidence adduced at the fact-finding hearing established by clear and convincing evidence that respondent repeatedly failed to plan for Matthew’s future.

The record further supports Family Court’s determination that Matthew’s best interest would be served by terminating respondent’s parental rights and freeing him for adoption. Family Court properly defined its role as that of promoting the child’s best interest (see, Matter of Star Leslie W., 63 NY2d 136, supra). The record reveals that after the finding of permanent neglect respondent’s cooperation with petitioner and other agencies further deteriorated and she continued to show little insight, if any, into her neglectful behavior toward all of her children. Among other things, she refused to provide proof of attendance of weekly mental health counseling as required by the court’s order and refused to sign a consent to release such information to petitioner; she also vehemently refused to meet with the court-appointed special advocate. Regarding Matthew, testimony of his pediatrician indicated that he suffered from signs of depression, withdrawal, acting out behavior, loss of appetite and stomach pain, and that he required a higher degree of supervision and physical care than a normal child of the same age. Furthermore, the record amply supports the finding that, in the alternative, Matthew was afforded a consistently warm, affectionate and supportive environment in the hands of his foster parents. This evidence supports the court’s conclusion that Matthew’s best interest required permanent termination of respondent’s parental rights (see, supra, at 148).

Respondent’s contention that she was denied the effective assistance of counsel also lacks merit. A respondent in a permanent neglect proceeding has the right to the assistance of counsel (see, Family Ct Act §§ 261, 262 [a] [iv]; Matter of Karl L., 224 AD2d 841; Matter of De Vivo v Burrell, 101 AD2d 607). "Such right would be meaningless unless the assistance of counsel is effective” (Matter of De Vivo v Burrell, supra, at 607). Because of the potentially drastic consequences of a child protective proceeding, it has been recognized that the right to counsel afforded under the Family Court Act "affords protections equivalent to the constitutional standard of effective assistance of counsel afforded defendants in criminal proceedings” (Matter of Erin G., 139 AD2d 737, 739; see, People v Baldi, 54 NY2d 137, 147). To prevail on such a claim respondent must demonstrate that she was deprived of less than meaningful representation and that she suffered actual prejudice as the[*683] result of the claimed deficiencies (see, People v Frascatore, 200 AD2d 860, 861). A mere disagreement with respect to trial strategies, tactics or scope of possible cross-examination will not suffice (see, People v Flores, 84 NY2d 184, 187). In our view, respondent has not demonstrated that she was afforded less than meaningful representation.

The record shows that respondent’s counsel was afforded, and exercised, the opportunity to review and object to each piece of evidence which was admitted. Notably, respondent’s counsel was already familiar with the documentary evidence because it was made up of the same documents introduced at the dispositional hearing on the neglect petition which was held the previous year; it is also significant that respondent does not now argue that any particular piece of evidence should not have been admitted (see, Matter of Rita VV., 209 AD2d 866, 868, lv denied 85 NY2d 811). While counsel exhibited, in some instances, difficulty in articulating proper questions, and as a result was faced with numerous objections by petitioner and admonitions from Family Court, he did succeed in presenting a case on respondent’s behalf, adequately questioning witnesses and presenting evidence. Moreover, respondent concedes that "there are undeniably many instances in this [rjecord where counsel did vigorously advocate for his client”. Absent evidence that respondent suffered actual prejudice as a result of counsel’s representation (see, Matter of Dingman v Purdy, 221 AD2d 817, 818), the record, as a whole, supports the conclusion that respondent was meaningfully represented and that she was afforded a fair hearing.

We have reviewed respondent’s remaining contentions and find them to be without merit.

Mikoll, J. P., Mercure, Crew III and Yesawich Jr., JJ., concur. Ordered that the order is affirmed, without costs.

Subsequent to December 1992 the matter was continued before Justice Peters by order of transfer after her election to Supreme Court.