Opinion
3476.
Decided April 27, 2004.
Order, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about September 4, 2001, which denied petitioner-appellant's motion to vacate a prior order, same court and Justice, entered on or about August 21, 2001, which, upon petitioner-appellant's default, dismissed his custody petitions and adjudged that his consent was not necessary for the adoption of the subject children, unanimously affirmed, without costs.
Law Office of Randall S. Carmel, Hastings-on-Hudson (Randall S. Carmel of counsel), for appellant.
Rosin Reiniger, New York (Douglas H. Reiniger of counsel), for Leake and Watts Services, Inc. and Irene E., respondents.
Lawyers for Children, Inc., New York (Michael Moorman of counsel), law guardian for the children.
Before: Nardelli, J.P., Saxe, Sullivan, Gonzalez, JJ.
Family Court properly exercised its discretion in denying petitioner-appellant's motion to vacate his default, since, inter alia, petitioner-appellant made no showing that his consent was necessary for the children's adoption ( see Matter of Derrick T., 261 A.D.2d 108). Although given the opportunity, petitioner-appellant failed to make any demonstration that he had maintained substantial and continuous or repeated contact with the children ( see Domestic Relations Law § 111[d]; Matter of James Q., 240 A.D.2d 841).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.