Summary
The Appellate Division, First Department affirmed Family Court's denial of a father's motion to vacate a consent-based finding of neglect. The court determined that the father knowingly waived his right to contest the allegations following a comprehensive allocution, rejecting claims regarding a hearing impairment and ineffective assistance of counsel. Additionally, arguments raised for the first time on appeal were deemed unpreserved.
Topics
Practice areas
Questions Presented
- Whether the Family Court erred in denying the father's motion to vacate the neglect finding despite his alleged hearing impairment.
- Whether the father was denied required notice under Family Court Act § 1051(f).
- Whether the father's claim of ineffective assistance of counsel warrants relief.
Holdings
- The appellate court affirmed the Family Court's denial, finding that the father knowingly consented to the neglect finding after a full allocution and that the court was not required to accommodate a hearing impairment it was unaware of.
- The issue was deemed unpreserved because it was raised for the first time on appeal.
- The claim was rejected; ineffective assistance cannot be inferred from counsel's advice to consent absent showing of prejudice.
Key quotations
“The court conducted a full allocution, stopping at various points to answer the father's questions and make sure that he had heard and understood, thus ensuring that the father knowingly was waiving his right to contest the allegations on which the neglect petition was based and that he had discussed all issues with his attorney.”
Factual background
The father, who had a hearing impairment, consented to a finding of neglect after the court conducted a full allocution, repeatedly checking that he heard and understood. He later claimed he could not hear the proceedings and that his counsel was ineffective.
Procedural history
The Family Court entered a finding of neglect against the father based on his consent after a full allocution. The father later moved to vacate the finding, claiming a hearing impairment and ineffective assistance of counsel. The Family Court denied the motion without a hearing. The father appealed.