Edwin Gould Servs. for Children & Families v. Gideon F. (In re Jeremiah G.F.)

160 A.D.3d 731

73 N.Y.S.3d 609

In the MATTER OF JEREMIAH G.F. (Anonymous).

Edwin Gould Services for Children and Families, respondent;

v.Gideon F. (Anonymous), appellant.

2016–10693

Docket No. B–33576–13

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

Submitted—March 19, 2018

April 11, 2018

Rhea G. Friedman, New York, NY, for appellant.

John R. Eyerman, New York, NY, for respondent.

Ralph R. Carrieri, Mineola, NY, attorney for the child.

REINALDO E. RIVERA, J.P., SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384–b, the father appeals from an order of fact-finding and disposition of the Family Court, Kings County (Margaret Morgan, J.), dated July 27, 2016. The order of fact-finding and disposition, insofar as appealed from, after fact-finding and dispositional hearings, and upon the father's failure to appear at the hearings, found that the father abandoned the subject child, terminated his parental rights, and transferred guardianship and custody of the child to the Commissioner of the Administration for Children's Services of the City of New York and to the petitioner, Edwin Gould Services for Children and Families, for the purpose of adoption.

ORDERED that the appeal from so much of the order of fact-finding and disposition as found that the father abandoned the child, terminated his parental rights, and freed the child for adoption is dismissed, without costs or disbursements, as no appeal lies from those portions of the order which were entered on the father's default (see Matter of Vanessa M., 263 A.D.2d 542, 543, 693 N.Y.S.2d 221 ); and it is further,

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

In December 2013, the petitioner commenced this proceeding to terminate the father's parental rights to the subject child on the ground of abandonment. On July 18, 2016, the father failed to appear in court for the hearing. The father's counsel, who appeared, asked to be relieved and requested an adjournment. He informed the court that the father wanted him to be relieved. The Family Court denied both applications and proceeded with the fact-finding and dispositional hearings. The father's counsel did not participate in the hearings in the father's absence. After the fact-finding and dispositional hearings, the Family Court found that the father abandoned the child, terminated his parental rights, and freed the child for adoption. The father appeals.

Because the father failed to appear at the fact-finding and dispositional hearings, and his counsel did not participate in the hearings, he may not challenge on this appeal those portions of the order of fact-finding and disposition which found that he abandoned the child, terminated his parental rights, and freed the child for adoption (see Matter of Serenity C.W. [Antoinette W.], 158 A.D.3d 716, 68 N.Y.S.3d 735 ; Matter of Willie Ray B. [Deanna W.B.], 77 A.D.3d 657, 657–658, 908 N.Y.S.2d 371 ; Matter of Jaiyeola–Akintunde J., 8 A.D.3d 281, 777 N.Y.S.2d 693 ).

Contrary to the father's contention, the Family Court...