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Matter of Saren v. Palma

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1999
693 N.Y.S.2d 207 (N.Y. App. Div. 1999)

Opinion

Submitted June 3, 1999

July 26, 1999

In a child custody proceeding pursuant to Family Court Act article 6, the petitioner appeals from an order of the Family Court, Suffolk County (Simeone, J.), dated January, 9, 1998, which denied her motion to set aside a prior custody determination of the same court, dated August 15, 1997, and for a new trial on the matter.

Badami McGuire Cahalan, P.C., Huntington, N.Y. (Lynn Theresa Cahalan of counsel), for appellant.

Donald R. Sallah and Associates, Holtsville, N.Y. (Dean J. Sallah of counsel), for respondent.

Steven A. Feldman, Roslyn, N.Y., Law Guardian for the child.

GUY JAMES MANGANO, P.J., CORNELIUS J. O'BRIEN, THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that on the court's own motion, the notice of appeal from the order dated January 9, 1998, is treated as an application for leave to appeal, and leave to appeal from the order is granted ( see, Family Ct Act § 1112[a]; CPLR 5701[c]); and it is further,

ORDERED that the order is affirmed, with costs.

We find unpersuasive the petitioner's contention that the Family Court erred in denying her motion for a new custody trial on the ground of ineffective assistance of counsel. It is well settled that in the context of civil litigation, an attorney's errors or omissions are binding on the client and, absent extraordinary circumstances, a claim of ineffective assistance of counsel will not be entertained ( see, Olmstead v. Federated Dept. Stores, 208 A.D.2d 979; Department of Social Servs. v. Trustum C. D., 97 A.D.2d 831). The petitioner failed to establish the existence of extraordinary circumstances in this case.


Summaries of

Matter of Saren v. Palma

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 1999
693 N.Y.S.2d 207 (N.Y. App. Div. 1999)
Case details for

Matter of Saren v. Palma

Case Details

Full title:In the Matter of TOBIE R. SAREN, appellant, v. VINCENT F. PALMA, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 26, 1999

Citations

693 N.Y.S.2d 207 (N.Y. App. Div. 1999)
693 N.Y.S.2d 207

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