Matter of C. X.-E. B.

Summary

The New York Appellate Division, First Department unanimously affirmed an order terminating the respondent mother's parental rights based on permanent neglect and transferring custody and guardianship for adoption. The court held that the mother's evidentiary challenge to the agency's progress notes was unpreserved and, in any event, that the notes were properly admitted under the CPLR business-records exception; it also rejected her ineffective-assistance claim.

Holdings

1. The court deemed the appeal taken from the final order terminating the mother's parental rights because the final order contained identical findings of fact and disposition as the order from which the appeal was noticed.
2. The mother's claim that the agency's progress notes were not properly certified was unpreserved and the court declined to review it.
3. Family Court Act § 1046(a)(iv), which governs article 10 proceedings, does not apply to termination of parental rights proceedings under Social Services Law § 384-b; CPLR 4518(a)'s business-record exception controls.
4. The mother's ineffective-assistance claim was unavailing.

Questions Presented

1. Whether the appeal noticed from an earlier order could be deemed taken from the later final order terminating parental rights when the two orders contained identical findings and disposition.
2. Whether the agency's progress notes were inadmissible because they were not certified under Family Court Act § 1046(a)(iv).
3. Whether Family Court Act § 1046(a)(iv), rather than CPLR 4518(a), governs admission of agency progress notes in a termination of parental rights proceeding under Social Services Law § 384-b.
4. Whether counsel's failure to object to admission of the progress notes constituted ineffective assistance of counsel.

Disposition

affirmed