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