Opinion
01-12-2016
In re S'MYA JADE R., and Another, Dependent Children Under the Age of Eighteen Years, etc. Paul Gregory R., Respondent–Appellant, Graham Windham Services to Families and Children, Petitioner–Respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Jess Rao of counsel), attorney for the children.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.
Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Jess Rao of counsel), attorney for the children.
Orders, Family Court, Bronx County (Monica Drinane, J.), entered on or about April 29, 2014, which, after a parental status and dispositional hearing, found that appellant's consent was not required for the adoption of the children pursuant to section 111(1)(d) of the Domestic Relations Law (DRL) and that it was in the children's best interest to have their custody and guardianship committed to the Commissioner of Social Services and Petitioner Graham–Windham Services for Children and Families for the purpose of adoption, unanimously affirmed, without costs.
The agency proved by clear and convincing evidence that appellant only had minimal and sporadic contact with the agency and the children, and that his consent to their adoption was not required under the DRL (Matter of Isabella Star G., 66 A.D.3d 536, 537, 887 N.Y.S.2d 77 [1st Dept.2009] ). The record reflects that appellant visited the children no more than ten times over a seven month period while he was living in New York and while the children were in foster care, and that he did not provide them with financial support.
A preponderance of the evidence also supported the conclusion that it was in the best interest of the children to be freed for adoption (Matter of Star Leslie W., 63 N.Y.2d 136, 148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ; Matter of Ashley R. [Latarsha R.], 103 A.D.3d 573, 574, 962 N.Y.S.2d 71 [1st Dept.2013], lv. denied 21 N.Y.3d 857, 2013 WL 2436351 [2013] ). The record reflects that the children are well-cared for by their foster parents, who wish to adopt them (Matter of Ashley R., at 574, 962 N.Y.S.2d 71 ). Appellant has not shown that he is familiar with the children's special needs or that he has taken any steps to provide for them.
RENWICK, J.P., ANDRIAS, SAXE, MOSKOWITZ, JJ., concur.