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Matter of Alice V

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1999
264 A.D.2d 848 (N.Y. App. Div. 1999)

Opinion

Submitted June 14, 1999

September 27, 1999

In related proceedings pursuant to Social Services Law § 384-b and Family Court Act article 6, the father appeals, as limited by his brief, from so much of two orders of disposition of the Family Court, Queens County (Fitzmaurice, J.), both entered May 5, 1997, as, after a fact-finding hearing, terminated his parental rights to Mary Alice V. and Malinda V. on the grounds of abandonment and permanent neglect and transferred custody and guardianship of the two children to the petitioner and the Commissioner of Social Services of the City of New York for purposes of adoption, and the mother separately appeals from the same orders.

Richard L. Herzfeld, P.C., New York, N.Y., for appellant Hugh V. (Anonymous), Sr.

Warren Warren, P.C., Brooklyn, N.Y. (Ira L. Eras of counsel), for respondent.

Joan L. Piccirillo, Valley Stream, N.Y., Law Guardian for the child.

MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, and ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the appeals by the mother are dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court ( 22 NYCRR 670.8.[e]).

ORDERED that the orders are affirmed insofar as appealed from by the father, without costs or disbursements.

The petitioner met its burden of demonstrating by clear and convincing evidence the father's abandonment and permanent neglect of the two children ( see, Matter of Star Leslie W., 63 N.Y.2d 136; Matter of Fatima Danet F., 233 A.D.2d 504). The father admitted that he failed to have contact with either the children or the petitioner in the six months prior to the filing of the petition, and repeated efforts by the petitioner to encourage and strengthen the parental relationship were ignored by the father without excuse. Accordingly, the father's parental rights were properly terminated.

The father's remaining contention is without merit.

ALTMAN, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.


Summaries of

Matter of Alice V

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1999
264 A.D.2d 848 (N.Y. App. Div. 1999)
Case details for

Matter of Alice V

Case Details

Full title:In the Matter of MARY ALICE V. (ANONYMOUS). ANGEL GUARDIAN HOME…

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

Date published: Sep 27, 1999

Citations

264 A.D.2d 848 (N.Y. App. Div. 1999)
696 N.Y.S.2d 59