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In re Nikeerah S.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 28, 2009

IN RE NIKEERAH S., A CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND BARBARA S., RESPONDENT-APPELLANT, HALE HOUSE CENTER, INC., PETITIONER-RESPONDENT.

Appeal from order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about October 2, 2007, which, upon a fact-finding of permanent neglect, terminated respondent mother's parental rights and transferred custody and guardianship of the subject child to petitioner for the purpose of adoption, held in abeyance, assigned counsel's application to withdraw granted, and Steven Feinman, Esq., 19 Court Plaza, Suite 201, White Plains, New York, 10601, Telephone No. (914) 949-8214, assigned as new counsel to prosecute this appeal.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Mazzarelli, Buckley, Renwick, Abdus-Salaam, JJ.

Upon review of the record, we conclude that there are non-frivolous issues to be raised on this appeal (see Anders v California, 386 US 738, 744 [1967]) and that therefore new counsel must be assigned (see Matter of Jennifer R. v Michael C., 41 AD3d 270 [2007]). We note, without expressing an opinion as to the ultimate disposition of any of these issues, that they include whether the inability of the court to assign counsel when the mother appeared to contest the permanent neglect petition deprived her of her statutory and constitutional right to counsel (see Matter of Isaiah H., 2009 NY Slip Op 03251 [2009]; Matter of James R., 238 AD2d 962 [1997]), whether subsequently assigned counsel provided ineffective assistance, and whether a suspended judgment should have been granted.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090528

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