Opinion
310 CAF 19–00051
04-24-2020
In the MATTER OF MARIA P., Sofia P., Angelo P., and Christopher P. Jefferson County Department of Social Services, Petitioner–Respondent; v. Anthony P., Respondent–Appellant.
D.J. & J.A. CIRANDO, PLLC, SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR RESPONDENT–APPELLANT. KRISTOPHER STEVENS, WATERTOWN, FOR PETITIONER–RESPONDENT. SCOTT A. OTIS, WATERTOWN, ATTORNEY FOR THE CHILDREN.
D.J. & J.A. CIRANDO, PLLC, SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR RESPONDENT–APPELLANT.
KRISTOPHER STEVENS, WATERTOWN, FOR PETITIONER–RESPONDENT.
SCOTT A. OTIS, WATERTOWN, ATTORNEY FOR THE CHILDREN.
PRESENT: CENTRA, J.P., PERADOTTO, NEMOYER, WINSLOW, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that said appeal is unanimously dismissed except insofar as respondent challenges the finding of permanent neglect and the order is affirmed without costs.
Memorandum: Respondent father appeals from an order terminating his parental rights with respect to the subject children. Although the order was entered on default given the father's failure to appear at the dispositional hearing and "[n]o appeal lies from an order entered upon the default of the appealing party" ( Matter of Heavenly A. [Michael P. ], 173 A.D.3d 1621, 1622, 105 N.Y.S.3d 227 [4th Dept. 2019] ), the appeal nevertheless brings up for review any issue that was subject to contest in the proceedings below, i.e., Family Court's fact-finding determination (see id. ). On the merits, we reject the father's contention that petitioner failed to establish that he permanently neglected the subject children (see Matter of Justain R. [Juan F. ], 93 A.D.3d 1174, 1174–1175, 940 N.Y.S.2d 710 [4th Dept. 2012] ). To the extent that they are properly before us, we have considered and rejected the father's remaining contentions.