Matter of Latoya P. (William P.)

 

2003 NYSlipOp 14313

Decided on May 20, 2003

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

 

Decided on May 20, 2003
Nardelli, J.P., Saxe, Sullivan, Wallach, Gonzalez, JJ.
1181

[*1]In re Guardianship, etc., Latoya P., A Dependent Child Under the Age of Eighteen Years, etc., Robin S., Respondent-Appellant,

and

William P., Respondent, Administration for Children's Services, Petitioner-Respondent.






Diane Pazar
George E. Reed, Jr.
Norman Corenthal

Order of disposition, Family Court, Bronx County (Carol Stokinger, J.), entered on or about September 26, 2001, terminating respondent-appellant's parental rights upon a finding of abandonment, and transferring the subject child's custody and guardianship to petitioner Commissioner of Administration for Children's Services for the purposes of adoption, unanimously affirmed, without costs.

The finding of abandonment is supported by clear and convincing evidence, including petitioner agency's case record and respondent's testimony at best showing only "sporadic and minimal attempts" to visit and communicate with the child (Social Services Law 384-b[4][b],[5][a]; see Matter of Ravon Paul H., 161 AD2d 257). Respondent's argument that the compensation rate for assigned counsel deprived her of effective assistance of counsel as a matter of law is unpreserved, and in any event without merit (see Matter of Laura Mariela R., __ AD2d __, 754 [*2]NYS2d 546; Matter of Tamara Liz H., 300 AD2d 202; Matter of Joseph S., 298 AD2d 588, lv denied 99 NY2d 506; Matter of Donald P., 285 AD2d 510, lv denied 97 NY2d 603).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 20, 2003

CLERK

 

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