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Matter of Klifton Joshua W

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 2001
284 A.D.2d 474 (N.Y. App. Div. 2001)

Opinion

Submitted May 31, 2001.

June 18, 2001.

In a proceeding pursuant to Social Services Law — 384-b to terminate parental rights on the ground of permanent neglect, the father appeals from an order of disposition of the Family Court, Kings County (Greenbaum, J.), dated February 24, 1999, which, upon his default in appearing at the fact-finding and dispositional hearings, terminated his parental rights and transferred custody and guardianship of the child to the Commissioner of the Administration for Children's Services of the City of New York. ORDERED that the appeal is dismissed, without costs or disbursements.

Daniel Gartenstein, Red Hook, N.Y., for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Leonard Koerner and Ronald E. Sternberg of counsel), for petitioner-respondent.

Monica Drinane, New York, N.Y. (Joy S. Rosenthal of counsel), Law Guardian for the children.

Before: MYRIAM J. ALTMAN, J.P., WILLIAM D. FRIEDMANN, NANCY E. SMITH, THOMAS A. ADAMS, JJ.


The Family Court's order of disposition, which was entered upon the father's default in appearing at the fact-finding and dispositional hearings, is not appealable (see, CPLR — 5511; Matter of Geraldine Rose W., 196 A.D.2d 313).

The application of the defendant's assigned counsel for leave to withdraw as counsel is granted, as there are no nonfrivolous issues which could be raised on appeal (see, Anders v. California, 386 U.S. 738).

ALTMAN, J.P., FRIEDMANN, SMITH and ADAMS, JJ., concur.


Summaries of

Matter of Klifton Joshua W

Appellate Division of the Supreme Court of New York, Second Department
Jun 18, 2001
284 A.D.2d 474 (N.Y. App. Div. 2001)
Case details for

Matter of Klifton Joshua W

Case Details

Full title:IN THE MATTER OF KLIFTON JOSHUA W. (ANONYMOUS). COMMISSIONER OF THE…

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

Date published: Jun 18, 2001

Citations

284 A.D.2d 474 (N.Y. App. Div. 2001)
727 N.Y.S.2d 888

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