From Casetext: Smarter Legal Research

Matter of Jimmy H

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 2000
274 A.D.2d 430 (N.Y. App. Div. 2000)

Opinion

Submitted June 8, 2000.

July 12, 2000.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights based upon permanent neglect, the father appeals from so much of an order of the Family Court, Kings County (Hepner, J.), dated November 13, 1997, as, after fact-finding and dispositional hearings, terminated his parental rights on the ground of permanent neglect and transferred custody and guardianship of the subject children to the Commissioner of Social Services of the City of New York and The Salvation Army, and the mother separately appeals from the same order.

Peter Dailey, New York, N.Y., for appellant James C. (Anonymous).

Rosin Reiniger, New York, N.Y. (Doulgas H. Reiniger of counsel), for respondent The Salvation Army.

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

Before: DANIEL W. JOY, J.P., SONDRA MILLER, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the appeal by the mother is dismissed as abandoned, without costs or disbursements; and it is further,

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

The father failed to demonstrate that he was denied the meaningful representation of counsel (see, People v. Benevento, 91 N.Y.2d 708; People v. Baldi, 54 N.Y.2d 137).

In addition, the father neither joined in the mother's motion that the Judge recuse herself, nor moved for such relief on his own behalf. In any event, the Judge providently exercised her discretion in refusing to recuse herself from the proceeding (see, People v. Moreno, 70 N.Y.2d 403; Warm v. State of New York, 265 A.D.2d 546; Matter of [John S.] Sarah L., 207 A.D.2d 1016).


Summaries of

Matter of Jimmy H

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 2000
274 A.D.2d 430 (N.Y. App. Div. 2000)
Case details for

Matter of Jimmy H

Case Details

Full title:IN THE MATTER OF JIMMY H. (ANONYMOUS), AND CREEMEL C. (ANONYMOUS)…

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

Date published: Jul 12, 2000

Citations

274 A.D.2d 430 (N.Y. App. Div. 2000)
712 N.Y.S.2d 365

Citing Cases

Ryan v. Debbie

The finding of permanent neglect is supported by clear and convincing evidence ( see Social Services Law §…

In the Matter of Christopher S

Under the circumstances, the Family Court properly terminated the mother's parental rights ( see Matter of…