Opinion
06-18-2015
In re JAHNI REESE F., A Dependent Child Under the Age of Eighteen Years, etc., Joshua R.F., Respondent–Appellant, Catholic Guardian Society & Home Bureau, Petitioner–Respondent.
Geoffrey P. Berman, Larchmont, for appellant. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
Geoffrey P. Berman, Larchmont, for appellant.
Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.
Opinion Appeal from order, Family Court, New York County (Douglas Hoffman, J.), entered on or about June 10, 2014, which, upon appellant's default, terminated his parental rights to the subject child on the ground of permanent neglect and committed the custody and guardianship of the child to the Commissioner of Social Services of the City of New York and petitioner agency for the purpose of adoption, unanimously dismissed, without costs, as taken from a nonappealable order.
The appeal is dismissed because appellant failed to appear at both the fact-finding and dispositional hearings, without excuse, and never moved to vacate his default (see CPLR 5511 ; Matter of Aaron C. [Grace C.], 105 A.D.3d 548, 548–549, 963 N.Y.S.2d 208 [1st Dept.2013] ). As the appeal is dismissed, the application by assigned counsel to withdraw as counsel is granted (see Eric R. v. Celena P., 121 A.D.3d 524, 994 N.Y.S.2d 340 [1st Dept.2014] ).
GONZALEZ, P.J., TOM, FRIEDMAN, KAPNICK, JJ., concur.