Opinion
234 CAF 18–01898
03-13-2020
In the MATTER OF JASON M. Erie County Department of Social Services, Petitioner–Respondent; v. Joshua M., Respondent–Appellant. (Appeal No. 2.)
WILLIAM D. BRODERICK, JR., ELMA, FOR RESPONDENT–APPELLANT. REBECCA HOFFMAN, BUFFALO, FOR PETITIONER–RESPONDENT. DAVID C. SCHOPP, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JANE I. YOON OF COUNSEL), ATTORNEY FOR THE CHILD.
WILLIAM D. BRODERICK, JR., ELMA, FOR RESPONDENT–APPELLANT.
REBECCA HOFFMAN, BUFFALO, FOR PETITIONER–RESPONDENT.
DAVID C. SCHOPP, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JANE I. YOON OF COUNSEL), ATTORNEY FOR THE CHILD.
PRESENT: CENTRA, J.P., CARNI, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that said appeal is unanimously dismissed except insofar as respondent challenges the finding of permanent neglect, and the order is affirmed without costs.
Memorandum: In appeal Nos. 2, 3, and 4, respondent father appeals from three orders, each of which terminated his parental rights with respect to a specific child. Although the orders were entered on default given the father's failure to appear at the dispositional hearing and "[n]o appeal lies from an order entered upon the default of the appealing party" ( Matter of Heavenly A. [Michael P.], 173 A.D.3d 1621, 1622, 105 N.Y.S.3d 227 [4th Dept. 2019] ), his appeals nevertheless bring up for review any issue that was subject to contest in the proceedings below, i.e., Family Court's fact-finding determination (see id. ). On the merits, we reject the father's contention that petitioner failed in its duty to make diligent efforts to encourage and strengthen his relationships with the subject children during the relevant time period (see Matter of Burke H. [Richard H.], 134 A.D.3d 1499, 1500, 23 N.Y.S.3d 776 [4th Dept. 2015] ). We therefore affirm the order in each appeal.