Opinion
No. 1032 Docket No. NA-15691/21 Case No. 2022-04283
11-16-2023
In the Matter of Rihanna C.L., A Child Under Eighteen Years of Age, etc., Jamell A.L., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.
Jay A. Maller, New York, for appellant. Sylvia O. Hinds-Radix, Corporation Counsel, New York (Chase H. Mechanick of counsel), for respondent. John R. Eyerman, New York, attorney for the child.
Jay A. Maller, New York, for appellant.
Sylvia O. Hinds-Radix, Corporation Counsel, New York (Chase H. Mechanick of counsel), for respondent.
John R. Eyerman, New York, attorney for the child.
Before: Renwick, P.J., Kern, Gesmer, Shulman, O'Neill Levy, JJ.
Order of fact-finding and disposition (one paper), Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about September 1, 2022, which, after a fact-finding hearing, to the extent appealed from as limited by the briefs, denied respondent father visitation with the subject child and placed the child in foster care until the date of the next permanency hearing, unanimously affirmed, without costs.
The appeal is not moot because the order placed the child in foster care, and that placement may, in future proceedings, affect the father's status or parental rights (see Matter of Alexis AA. [John AA.], 97 A.D.3d 927, 928-929 [3d Dept 2012]).
Family Court was empowered to commence a dispositional hearing immediately upon completion of the fact-finding hearing (Family Court Act § 1047[a]). Furthermore, the father has failed to preserve his argument that Family Court failed to conduct a proper dispositional hearing, as the record establishes that the father participated without objection in the informal dispositional proceeding (see Matter of Kiera R. [Kinyetta R.], 99 A.D.3d 565, 566 [1st Dept 2012]; Matter of Alyssa G. [Miguel P.], 94 A.D.3d 995, 996 [2d Dept 2012], lv denied 19 N.Y.3d 808 [2012]). We further find that the father was not denied due process at the hearing, as he was offered an adequate opportunity to offer evidence (see Matter of Katrina W., 171 A.D.2d 250, 257 [2d Dept 1991], lv denied 79 N.Y.2d 976 [1992], cert denied 506 U.S. 876 [1992]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.