In re Charity W.

Summary

The New York Appellate Division affirmed an order denying a mother's motion to vacate a default finding of permanent neglect in a proceeding to terminate her parental rights. The court held that the mother was not deprived of effective assistance of counsel because the record showed that she and her attorney had notice of the continued hearing date and that counsel had attempted to present a meritorious defense.

Holdings

1. The mother's assigned attorney was not ineffective because both the mother and counsel were notified of the continuation date, and the mother did not dispute that she was present when the date was designated.
2. Counsel was not ineffective because the record established that counsel attempted to provide the requisite meritorious defense; the fact that Family Court found the preferred defense lacking in merit did not establish ineffective assistance.

Questions Presented

1. Whether the mother's assigned attorney was ineffective for failing to ensure that she knew when to appear for the continuation of the fact-finding hearing.
2. Whether the mother's assigned attorney was ineffective for failing to provide a meritorious defense in support of the motion to vacate the order entered upon her default.

Disposition

affirmed