Opinion
2011-10-4
In the Matter of MARTIN V.L. (Anonymous), JR.Edwin Gould Services for Children & Families, petitioners-respondents;Martin L. (Anonymous) Sr., appellant, et al., respondent. (Proceeding No. 1)In the Matter of Miles V.L. (Anonymous).Edwin Gould Services for Children & Families, petitioners-respondents;Martin L. (Anonymous) Sr., appellant, et al., respondent. (Proceeding No. 2).
Robert Siano, White Plains, N.Y., for appellant.John R. Eyerman, New York, N.Y., for petitioner-respondent.Steven Banks, New York, N.Y. (Tamara A. Steckler and Diane Pazar of counsel), for appellant.
In related proceedings pursuant to Social Services Law § 384–b to terminate the mother's parental rights, the father appeals, as limited by his brief, from so much of two orders of fact-finding and disposition (one as to each child) of the Family Court, Kings County (Lim, J.), dated July 19, 2010, as, after a fact-finding and dispositional hearing, determined that he was not a father whose consent to the subject children's adoptions was required pursuant to Domestic Relations Law § 111 and transferred guardianship and custody of the subject children to the Commissioner of the Administration for Children's Services of the City of New York and Edwin Gould Services for Children and Families, for the purpose of adoption.
ORDERED that the orders of fact-finding and disposition are affirmed insofar as appealed from, without costs or disbursements.
The Family Court properly determined that the father's consent to the adoption of the subject children was not required ( see Domestic Relations Law § 111 [1][d] ). The father failed to sustain 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 ( id.; see Matter of Sharissa G., 51 A.D.3d 1019, 1020, 859 N.Y.S.2d 246; Matter of Michael D.D.S., 24 A.D.3d 680, 808 N.Y.S.2d 316; Matter of Kasiem H., 230 A.D.2d 796, 646 N.Y.S.2d 541). The father's incarceration did not absolve him of his responsibility to financially support and maintain regular communication with the children ( see Matter of Jayquan J. [ Clint J.], 77 A.D.3d 947, 910 N.Y.S.2d 121; Matter of Kevin A. Jr., 61 A.D.3d 859, 878 N.Y.S.2d 387; Matter of Sharissa G., 51 A.D.3d at 1020, 859 N.Y.S.2d 246).
In light of the foregoing, the father's remaining contentions have been rendered academic ( see Domestic Relations Law § 111; Matter of Kasiem H., 230 A.D.2d at 797, 646 N.Y.S.2d 541).
RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.