Matter of Shavon H.
2003 NYSlipOp 18163
Decided on
Appellate Division, First Department
This opinion is uncorrected and subject to revision before
publication in the Official Reports.
Decided on
Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger, Lerner, JJ.
2076- 2076A
[*1]In re Shavon H. and Another,
Children Under the Age of Eighteen Years, etc.,
and
Keith J., Respondent-Appellant, Chiffon
H., et al., Respondents, Administration for Children's Services,
Petitioner-Respondent.
Raymond E. Rogers
George E. Reed, Jr.
Mordecai Newman
Orders of disposition, Family Court, New York County (Rhoda
Cohen, J.), entered on or about
A preponderance of the credible evidence established that
appellant neglected his daughter, Keijia H., by
failing to provide necessary medical care for her kidney infection (see Family
Court Act § 1012(f)(I)(A); (see generally Matter of Jessica YY., 258 AD2d 743,
744; and see Matter of Brian A., 190 AD2d 530, lv
denied 81 NY2d 710). In addition, uncontradicted
testimony respecting conditions in appellant's home, to the effect that
bathroom fixtures were missing and that boiling water poured continually from a
hole in the wall; that there was an asbestos-like substance exuding from the
wall; that the kitchen sink was clogged with cockroaches; and that the
apartment was bare of furnishings, eating utensils and drinking glasses,
established that appellant failed to provide a safe, sanitary home for the
subject children (see Commr. of Social Servs. ex rel. Pedro F. v Norma
F., 212 AD2d 400, 401-402).
Although appellant makes general mention of a number of gaps
in the transcript of the fact-finding hearing, he has not [*2]demonstrated
specifically how such gaps precluded meaningful appellate review and, thus, has
failed to substantiate his claim of denial of due process (see Matter of Commr. of Social Servs. v Remy
K.Y., 298 AD2d 261, 262-263).
Appellant's challenge to the constitutionality of the
assigned counsel system, raised for the first time on appeal, is not preserved
for our review and we decline to reach it (see Matter of Tamara Liz H., 300
AD2d 202, 203). We note, however, that counsel does not contend that the
allegedly inadequate compensation under the system resulted in ineffective
representation of appellant in this matter.
We have reviewed appellant's remaining arguments and find
them unavailing.
M-4136 - In re Shavon H. and
Another
Motion seeking leave to strike brief and for other related
relief denied.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
CLERK