Opinion
2018–10085 Docket No. B–392–15
10-30-2019
In the MATTER OF ALBERT JAMES G. (Anonymous), Jr. Coalition for Hispanic Family Services, Petitioner-Respondent; v. Shanteek A.C. (Anonymous), Appellant, et al., Respondent.
Jeffrey C. Bluth, New York, NY, for appellant. Law Offices of James M. Abramson, PLLC, New York, N.Y. (Stefan Williams of counsel), for petitioner-respondent. Jennifer Marshall, Brooklyn, NY, attorney for the child.
Jeffrey C. Bluth, New York, NY, for appellant.
Law Offices of James M. Abramson, PLLC, New York, N.Y. (Stefan Williams of counsel), for petitioner-respondent.
Jennifer Marshall, Brooklyn, NY, attorney for the child.
CHERYL E. CHAMBERS, J.P., JOSEPH J. MALTESE, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER In a proceeding pursuant to Social Services Law § 384–b to terminate parental rights, the mother appeals from an order of the Family Court, Kings County (Jacqueline B. Deane, J.), dated August 10, 2018. The order denied the mother's motion to vacate so much of an order of fact-finding and disposition of the same court dated July 28, 2017, entered upon her failure to appear at fact-finding and dispositional hearings, as found that she permanently neglected the subject child, terminated her parental rights, and transferred guardianship and custody of the subject child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.
ORDERED that the appeal from so much of the order dated August 10, 2018, as denied those branches of the mother's motion which were to vacate so much of the order of fact-finding and disposition as terminated her parental rights and transferred guardianship and custody of the subject child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption is dismissed as academic, without costs or disbursements; and it is further,
ORDERED that the order dated August 10, 2018, is affirmed insofar as reviewed, without costs or disbursements. The appeal from so much of the order dated August 10, 2018, as denied those branches of the mother's motion which were to vacate so much of an order of fact-finding and disposition dated July 28, 2017, as terminated her parental rights and transferred guardianship and custody of the subject child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption must be dismissed as academic, since the child was legally adopted on January 25, 2018 (see Matter of Iyanna KK. [Edward KK.], 141 A.D.3d 885, 34 N.Y.S.3d 910 ; Matter of Mia P.R.D. [David D.], 113 A.D.3d 679, 680, 979 N.Y.S.2d 111 ).
However, the mother's challenge to the finding that she permanently neglected the child, which was made in the order of fact-finding and disposition entered upon her failure to appear, is not academic as a result of the child's adoption, since such a finding constitutes a permanent and significant stigma that might indirectly affect the mother's status in future proceedings (see Matter of Latisha T'Keyah J. [Monie J.], 117 A.D.3d 1051, 1052, 986 N.Y.S.2d 238 ; Matter of Mia P.R.D. [David D.], 113 A.D.3d at 680, 979 N.Y.S.2d 111 ).
A parent seeking to vacate a default in a proceeding for the termination of parental rights must establish a reasonable excuse for the default, as well as a potentially meritorious defense to the relief sought in the petition (see Matter of Kamiyah D.B.V. [Myron B.], 168 A.D.3d 752, 89 N.Y.S.3d 650 ). Here, since the mother failed to establish that she had either a reasonable excuse for her default or a potentially meritorious defense, we agree with the denial of that branch of her motion which was to vacate so much of the order of fact-finding and disposition as found that she permanently neglected the child (see id. ; Matter of Raphanello J.N.L.L. [Rasheem L.], 119 A.D.3d 580, 989 N.Y.S.2d 131 ; Matter of Jenna C. [Omisa C.], 81 A.D.3d 941, 942, 917 N.Y.S.2d 650 ).
The mother's remaining contentions are not properly before this Court.
CHAMBERS, J.P., MALTESE, LASALLE and CHRISTOPHER, JJ., concur.