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Matter of Adam S

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2000
269 A.D.2d 453 (N.Y. App. Div. 2000)

Opinion

Submitted December 21, 1999

February 17, 2000

In a neglect proceeding pursuant to Social Services Law § 384-b Soc. Serv. to terminate parental rights, the mother appeals from an order of the Family Court, Queens County (Berman, J.), dated October 23, 1998, which, after a hearing on the issue of personal jurisdiction, in effect, denied her motion to vacate an order of the same court, dated April 2, 1996, which, upon her default in appearing, inter alia, terminated her parental rights.

Cyril C. Penn, Jamaica, N.Y., for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Stuart D. Smith of counsel; Paul Villanueva on the brief), for respondent.

Monica Drinane, New York, N.Y. (Marcia Egger of counsel), Law Guardian for the child.

GUY JAMES MANGANO, P.J., MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The petitioner met its burden of establishing, by a preponderance of the evidence, that the court had obtained personal jurisdiction over the appellant in this proceeding to terminate her parental rights. The court had the opportunity to observe the witnesses, and its resolution of the issues of credibility presented by the testimony at the hearing is entitled to great weight on appeal. We find no reason to disturb the court's findings (see, R.P. Cautela Realty v. McDonald, 239 A.D.2d 481; Laurenzano v. Laurenzano, 222 A.D.2d 560. Since the court acquired personal jurisdiction over the appellant, there is no basis for vacating the order terminating her parental rights.

The appellant's remaining contentions are without merit.


Summaries of

Matter of Adam S

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2000
269 A.D.2d 453 (N.Y. App. Div. 2000)
Case details for

Matter of Adam S

Case Details

Full title:IN THE MATTER OF ADAM S. (Anonymous). APRIL S. (Anonymous), appellant…

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

Date published: Feb 17, 2000

Citations

269 A.D.2d 453 (N.Y. App. Div. 2000)
702 N.Y.S.2d 923

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