Opinion
2011-11-10
In re WILLIAM JAMAL W. JR., A Dependent Child Under the Age of Eighteen Years, etc.,Marjorie C., Respondent–Appellant,Edwin Gould Services for Children and Families, Petitioner–Respondent.
Kenneth M. Tuccillo, Hastings–on–Hudson, for appellant.John R. Eyerman, New York, for respondent.
Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about April 22, 2010, which, to the extent appealable, upon a fact-finding of permanent neglect, terminated respondent's parental rights to the subject child, on respondent's default, and committed the custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children's Services for purposes of adoption, unanimously affirmed, without costs.
The court acquired jurisdiction over respondent when respondent appeared in court on January 28, 2010, and neither she nor her counsel objected to the manner of the service of the summons, despite the omission of the return date therefrom ( see Family Court Act § 167).
No appeal lies from an order entered on default ( see CPLR 5511; Matter of Jessenia Shanelle R. [ Wanda Y.A.], 68 A.D.3d 558, 891 N.Y.S.2d 358 [2009] ). However, the denial of respondent's counsel's request to adjourn the inquest and dispositional hearing is appealable because that request was “the subject of contest below” ( see James v. Powell, 19 N.Y.2d 249, 256 n. 3, 279 N.Y.S.2d 10, 225 N.E.2d 741 [1967] ). We find that the court properly declined to grant the adjournment, having warned respondent on the preceding court date that it would proceed to inquest if she failed to appear ( see Matter of Cain Keel L. [ Derzerina L.], 78 A.D.3d 541, 911 N.Y.S.2d 335 [2010], lv. dismissed 16 N.Y.3d 818, 920 N.Y.S.2d 777, 945 N.E.2d 1029 [2011] ).
SAXE, J.P., SWEENY, DeGRASSE, MANZANET–DANIELS, ROMÁN, JJ., concur.