Opinion
2015-03-25
In the Matter of AKEELAH D.C.-S. (Anonymous). SCO Family of Services, et al., respondents; Cheniqua C.-S. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Autumn P.C.-S. (Anonymous). SCO Family of Services, et al., respondents; Cheniqua C.-S. (Anonymous), appellant. (Proceeding No. 2).
Steven P. Forbes, Jamaica, N.Y., for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent SCO Family of Services.
Steven P. Forbes, Jamaica, N.Y., for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for respondent SCO Family of Services.
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Patricia Colella of counsel), attorney for the children.
WILLIAM F. MASTRO, J.P., MARK C. DILLON, L. PRISCILLA HALL, and ROBERT J. MILLER, JJ.
Appeals from two orders of fact-finding and disposition of the Family Court, Kings County (Daniel Turbow, J.) (one as to each child), both dated October 22, 2013. The orders, after a fact-finding hearing, found that the mother abandoned and permanently neglected the subject children and, upon her failure to appear at the dispositional hearing, terminated her parental rights and transferred guardianship and custody of the subject children to the Commissioner of Social Services of the City of New York and the SCO Family of Services for the purpose of adoption.
ORDERED that the appeals from so much of the orders of fact- finding and disposition as terminated the mother's parental rights and freed the children for adoption, upon her failure to appear at the dispositional hearing, are dismissed, without costs or disbursements; and it is further,
ORDERED that the orders of fact-finding and disposition are affirmed insofar as reviewed, without costs or disbursements.
The mother may not appeal from the dispositional portion of the orders in light of her failure to appear at the dispositional hearing ( see Matter of Male G. [David D.], 121 A.D.3d 789, 790, 993 N.Y.S.2d 514; Matter of Jahira N.D. [Shaniqua S.S.], 111 A.D.3d 826, 826–827, 975 N.Y.S.2d 744; Matter of Amber Megan D., 54 A.D.3d 338, 338, 862 N.Y.S.2d 568).
The Family Court correctly found that the evidence adduced at the fact-finding hearing established, by clear and convincing evidence, that the mother abandoned the subject children during the six-month period before the filing of the petition. The mother's “minimal, sporadic, and insubstantial” contact with the children during that period was insufficient to overcome a showing of abandonment (Matter of Jessie Skyler D. [Donna S.], 88 A.D.3d 703, 704, 930 N.Y.S.2d 464; see Matter of R. Children [Ronald R.-Heath R.], 119 A.D.3d 947, 948, 989 N.Y.S.2d 893; Matter of Jayquan J. [Clint J.], 77 A.D.3d 947, 948, 910 N.Y.S.2d 121; Matter of Xtacys Nayarie M. [Jose Ruben M.], 74 A.D.3d 970, 971, 901 N.Y.S.2d 856; Matter of Peteress Reighly B., 62 A.D.3d 695, 696, 879 N.Y.S.2d 501; Matter of Jeremiah Kwimea T., 10 A.D.3d 691, 692, 781 N.Y.S.2d 784). In light of our determination, we need not address the mother's contention that she did not permanently neglect the subject children ( see Matter of Anthony R.G.-W. [Craig W.], 121 A.D.3d 893, 894, 994 N.Y.S.2d 191; Matter of Messiah Quwan D., 288 A.D.2d 383, 384, 733 N.Y.S.2d 218).