Opinion
2017–00816 Docket Nos. B–521–15 B–522–15
04-11-2018
In the Matter of AMINA I.M.J. (Anonymous). Heartshare St. Vincent's Services, petitioner-respondent; v. VAUGHIN A. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of Chantilly M.J. (Anonymous). Heartshare St. Vincent's Services, petitioner-respondent; v. Vaughin A. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 2)
Tammi D. Pere, West Hempstead, NY, for respondent-appellant. Wingate, Kearney & Cullen, LLP, Brooklyn, N.Y. (Kreuza Ganolli of counsel), for petitioner-respondent. Patrick R. Garcia, Brooklyn, NY, attorney for the children.
Tammi D. Pere, West Hempstead, NY, for respondent-appellant.
Wingate, Kearney & Cullen, LLP, Brooklyn, N.Y. (Kreuza Ganolli of counsel), for petitioner-respondent.
Patrick R. Garcia, Brooklyn, NY, attorney for the children.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDERIn related proceedings pursuant to Social Services Law § 384–b, the father appeals from an order of the Family Court, Kings County (Ilana Gruebel, J.), dated December 12, 2016. The order, after a hearing, granted that branch of the petition which sought a determination that the father's consent to the adoption of the subject children was not required pursuant to Domestic Relations Law § 111.
ORDERED that the order is affirmed, without costs or disbursements.
The Family Court's determination that the father's consent to the adoption of the subject children was not required was supported by clear and convincing evidence (see Matter of Janelle C. [Sean R.], 88 A.D.3d 787, 930 N.Y.S.2d 905 ). The father failed to meet his burden of establishing that he maintained substantial and continuous or repeated contact with the children through the payment of support and either regular visitation or other communication with the children (see Domestic Relations Law § 111[1][d] ; Matter of Seasia D., 10 N.Y.3d 879, 880, 860 N.Y.S.2d 760, 890 N.E.2d 875 ; Matter of Angelina J. [Frantz J.], 112 A.D.3d 932, 977 N.Y.S.2d 755 ; Matter of Julian J.C. [Juan C.], 96 A.D.3d 937, 938, 946 N.Y.S.2d 874 ; Matter of Martin V.L. [Martin L.], 88 A.D.3d 714, 715, 930 N.Y.S.2d 470 ; Matter of Jaden Dasani–Amru B. [Roy Alphonso B.], 74 A.D.3d 801, 802, 901 N.Y.S.2d 525 ).
The father's remaining contention is not properly before this Court on this appeal.
DILLON, J.P., CHAMBERS, HINDS–RADIX and CHRISTOPHER, JJ., concur.