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In re Vanessa

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 2010
76 A.D.3d 912 (N.Y. App. Div. 2010)

Opinion

No. 3257.

September 28, 2010.

Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about July 8, 2009, which, after a fact-finding hearing, dismissed with prejudice respondent's paternity petition and found him entitled to neither notice of nor consent to the subject child's adoption, unanimously affirmed, without costs.

Neal D. Futerfas, White Plains, for appellant.

Law Office of Jeremiah Quinlan, Hawthorne (Daniel Gartenstein of counsel), for respondent.

Before: Gonzalez, P.J., Andrias, Acosta, Renwick and Abdus-Salaam, JJ.


Respondent failed to meet any of the criteria that would entitle him to notice as a putative father in any adoption proceeding pertaining to this child ( see Domestic Relations Law § 111-a; cf. Matter of Norman Christian K, 37 AD3d 288; Matter of Robert Z., 199 AD2d 19). Furthermore, he was not a person entitled to consent to the child's adoption ( see Domestic Relations Law § 111 [}.] [d]). Respondent admitted that he failed to provide financial support for the child, citing only modest gifts and clothing. The court credited the testimony of petitioner's caseworker and rejected respondent's contradictory testimony, finding that the latter visited the child only twice in 2005-2006, five times in 2007-2008 while the child was under the care of petitioner, and thereafter inconsistently while she was in a foster home.

We have considered respondent's remaining arguments and find them unavailing.


Summaries of

In re Vanessa

Appellate Division of the Supreme Court of New York, First Department
Sep 28, 2010
76 A.D.3d 912 (N.Y. App. Div. 2010)
Case details for

In re Vanessa

Case Details

Full title:In the Matter of VANESSA B., an Infant. LEBERT CHARLES C., Appellant; NEW…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 28, 2010

Citations

76 A.D.3d 912 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6703
907 N.Y.S.2d 673