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Matter of Robinson

Appellate Division of the Supreme Court, Second Department
Oct 23, 2007
2006-08829
Versions:44 AD3d 961
2007 NY Slip Op 08080

Ordered that the decree is affirmed, with costs.

The appellant contends that he was denied the effective assistance of trial counsel in his efforts to contest the validity of his father‘s last will and testament. “[I]n 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” (Matter of Saren v Palma, 263 AD2d 544, 545 [1999]; see Matter of Cichosz v Cichosz, 12 AD3d 598, 599 [2004]; Matter of Ketcham v Crawford, 1 AD3d 359, 361 [2003]; Department of Social Servs. v Trustum C.D., 97 AD2d 831 [1983]). The appellant failed to establish the existence of any extraordinary circumstances in this case.

The appellant‘s remaining contention is unpreserved for appellate review (see CPLR 4017, 5501 [a] [3]) and, in any event, is without merit. Miller, J.P., Goldstein, Skelos and Balkin, JJ., concur.

Case Details

Case Name: Matter of Robinson
Court Name: Appellate Division of the Supreme Court, Second Department
Date Published: Oct 23, 2007
Citations: 44 AD3d 961; 2007 NY Slip Op 08080; 2006-08829
Docket Number: 2006-08829
Court Abbreviation: N.Y. App. Div. 2nd
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