Children's Vill. v. Terry K. (In re Ishmael J.L.T.M.)

194 A.D.3d 1060

144 N.Y.S.3d 606 (Mem)

In the MATTER OF Ishmael J.L.T.M. (Anonymous).

Children's Village, respondent;

v.Terry K. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Amia E.A.M. (Anonymous).

Children's Village, respondent;

v.Terry K. (Anonymous), appellant.

(Proceeding No. 2)

In the Matter of Abigail B.K. (Anonymous).

Children's Village, respondent;

v.Terry K. (Anonymous), appellant.

(Proceeding No. 3)

2020–00533, 2020–00536

Docket Nos. B–25071–16, B–25072–16, B–25073–16

Supreme Court, Appellate Division, Second Department, New York.

Submitted—May 3, 2021

May 26, 2021

Lewis S. Calderon, Jamaica, NY, for appellant.

Rosin Steinhagen Mendel, PLLC, New York, N.Y. (Melissa Wagshul of counsel), for respondent.

Janet E. Sabel, New York, N.Y. (Dawne A. Mitchell and Raymond E. Rogers of counsel), attorney for the child Ishmael J.L.T.M.

Heath J. Goldstein, Jamaica, NY, attorney for the child Amia E.A.M.

Heidi Luna, Jamaica, NY, attorney for the child Abigail B.K.

HECTOR D. LASALLE, P.J., SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In related proceedings pursuant to Social Services Law § 384–b, the mother appeals from (1) an order of fact-finding of the Family Court, Queens County (Diane Costanzo, J.), dated May 17, 2019, and (2) an order of disposition of the same court (Monica D. Shulman, J.) dated October 28, 2019. The order of fact-finding, after a fact-finding hearing, found that the mother abandoned the subject children. The order of disposition, insofar as appealed from, was entered upon so much of the order of fact-finding as found that the mother abandoned the child Ishmael J.L.T. M.

ORDERED that the appeal from so much of the order of fact-finding as found that the mother abandoned the child Ishmael J.L.T.M. is dismissed, without costs or disbursements, as that portion of the order of fact-finding was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,

ORDERED that the order of fact-finding is affirmed insofar as reviewed, without costs or disbursements; and it is further, ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

In December 2016, the petitioner commenced these proceedings pursuant to Social Services Law § 384–b, inter alia, to terminate the mother's parental rights to the subject children on the ground of abandonment. After a fact-finding hearing, the Family Court found that the mother abandoned the children. The mother appeals.

In order to demonstrate that the mother abandoned the children, the...