From Casetext: Smarter Legal Research

Charles M. v. Edwin Gould Servs. for Children & Families (In re Joyelli Latasha M.)

Supreme Court, Appellate Division, First Department, New York.
Mar 1, 2018
159 A.D.3d 426 (N.Y. App. Div. 2018)

Opinion

5878

03-01-2018

IN RE JOYELLI LATASHA M., A Child Under Eighteen Years of Age, etc., Charles M., Respondent–Appellant, v. Edwin Gould Services for Children and Families, Petitioner–Respondent.

Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. John R. Eyerman, New York, for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.


Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant.

John R. Eyerman, New York, for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.

Sweeny, J.P., Renwick, Tom, Mazzarelli, Oing, JJ.

Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about February 21, 2017, to the extent it found, after a hearing, that respondent's consent to the child's adoption was not required, unanimously affirmed, without costs.

It is undisputed that respondent failed both to maintain "substantial and continuous or repeated contact" with the child and to provide financial support for her ( Domestic Relations Law § 111[1][d] ) ). He visited the child only once after she was placed in foster care and, even when not incarcerated, made no further efforts to visit her. Respondent's incarceration did not relieve him of his obligation to provide support for, or to communicate with, the child while she was in foster care ( Matter of Javon Reginald G. [Everton Reginald G.], 89 A.D.3d 456, 931 N.Y.S.2d 870 [1st Dept. 2011] ; Matter of Marc Jaleel G. [Marc E.G.], 74 A.D.3d 689, 905 N.Y.S.2d 160 [1st Dept. 2010] ).


Summaries of

Charles M. v. Edwin Gould Servs. for Children & Families (In re Joyelli Latasha M.)

Supreme Court, Appellate Division, First Department, New York.
Mar 1, 2018
159 A.D.3d 426 (N.Y. App. Div. 2018)
Case details for

Charles M. v. Edwin Gould Servs. for Children & Families (In re Joyelli Latasha M.)

Case Details

Full title:IN RE JOYELLI LATASHA M., A Child Under Eighteen Years of Age, etc.…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Mar 1, 2018

Citations

159 A.D.3d 426 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 1410
69 N.Y.S.3d 473

Citing Cases

Another v. St. Dominic's Family Servs. (In re Southern)

subject children, and which, upon a finding that respondent father's consent to the children's adoption was…