Opinion
6760
06-05-2018
IN RE KHIRY A.N.B., JR., A Dependent Child Under the Age of Eighteen Years, etc., Khiry A.N.B., Respondent–Appellant, v. Cardinal McCloskey Community Services, Petitioner–Respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. Geoffrey P. Berman, Larchmont, for respondent. Law Office of Ava G. Gutfriend, Bronx (Ava G. Gutfriend of counsel), attorney for child.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.
Geoffrey P. Berman, Larchmont, for respondent.
Law Office of Ava G. Gutfriend, Bronx (Ava G. Gutfriend of counsel), attorney for child.
Friedman, J.P., Sweeny, Gische, Mazzarelli, Gesmer, JJ.
Order, Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about May 4, 2017, which, inter alia, found that respondent father's consent was not required for the adoption of the subject child, unanimously affirmed, without costs.
Respondent was not entitled to more than notice of the child's adoption in light of the evidence that he failed to pay fair and reasonable support for the child according to his means (see Domestic Relations Law § 111[1][d] ; Matter of Sydney A.B. [Felicia M.], 151 A.D.3d 533, 57 N.Y.S.3d 33 [1st Dept. 2017], lv denied 29 N.Y.3d 917, 2017 WL 3877607 [2017] ; Matter of Mya Anaya M. [Barry M.], 138 A.D.3d 569, 28 N.Y.S.3d 599 [1st Dept. 2016] ). Even assuming that respondent provided financial support for the child while the child briefly was discharged to his care, from May 13 to July 5, 2015, he failed to show that he was a source of consistent support for the child, because he did not provide financial support prior to that time (see Matter of Jayvon Jose R. [Francisco S.], 154 A.D.3d 600, 62 N.Y.S.3d 359 [1st Dept. 2017] ). Neither respondent's subsequent incarceration nor any failure on the part of the agency to inform him of his obligations absolved him of his responsibility to support and regularly communicate with the child (see Matter of Jonathan M.H. [Reginald H.], 135 A.D.3d 493, 22 N.Y.S.3d 830 [1st Dept. 2016], lv denied 27 N.Y.3d 904, 2016 WL 1691978 [2016] ).