Appellate Division, Fourth Department
Termination of Parental Rights
Stay Pending Criminal Appeal — Ineffective Assistance of Counsel
Matter of Daltun A.B.
Appealed from Family Court, Steuben County
Background: The respondent father appealed from three orders terminating his parental rights on the finding of a severe abuse arising from his conviction of the murder of the children’s mother.
Ruling: The Appellate Division affirmed. The court found that the respondent’s attorney’s failure to seek a stay of the Family Court proceedings pending his murder conviction appeal did not constitute ineffective assistance of counsel. Further, the attorney unequivocally stated that the respondent did not oppose the termination of his parental rights.
Paul B. Watkins for the respondent-appellant; Craig A. Patrick, county attorney, for the petitioner-respondent; Sally A. Madigan, attorney for the child