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In re Seth Jacob S.

Supreme Court, Appellate Division, First Department, New York.
Dec 29, 2015
134 A.D.3d 636 (N.Y. App. Div. 2015)

Opinion

12-29-2015

In re SETH JACOB S., A Child Under the Age of Eighteen Years, etc., Vincent S., Respondent–Appellant, Ohel Children's Home and Family Services, Petitioner–Respondent.

Kenneth M. Tuccillo, Hastings on Hudson, for appellant. Law Offices of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), attorney for the child.


Kenneth M. Tuccillo, Hastings on Hudson, for appellant.

Law Offices of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), attorney for the child.

Order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about June 3, 2014, to the extent it brings up for review an order, same court and Judge, entered on or about March 31, 2011, finding, after a hearing, that respondent father's consent to the subject child's adoption was not required, unanimously affirmed, without costs.There is no basis for disturbing the court's determination that respondent's consent to the adoption of the child was not required. The record supports the findings that respondent had not paid "a fair and reasonable sum" toward the child's support and that he did not visit the child at least monthly or, if visitation was not possible, communicate regularly with the child or the child's custodians (see Domestic Relations Law § 111[1][d] ).

Respondent's constitutional challenges to the statutes providing for notice and consent of an unwed father are unpreserved, and we decline to reach them.

FRIEDMAN, J.P., ACOSTA, ANDRIAS, RICHTER, JJ., concur.


Summaries of

In re Seth Jacob S.

Supreme Court, Appellate Division, First Department, New York.
Dec 29, 2015
134 A.D.3d 636 (N.Y. App. Div. 2015)
Case details for

In re Seth Jacob S.

Case Details

Full title:In re SETH JACOB S., A Child Under the Age of Eighteen Years, etc.…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Dec 29, 2015

Citations

134 A.D.3d 636 (N.Y. App. Div. 2015)
134 A.D.3d 636