Opinion
2012-03-8
In re SERENITY CELENE M., etc., A Child Under the Age of Eighteen Years, etc.,Roy Enrique M., Respondent–Appellant,Abbott House, Petitioner–Respondent.
Randal S. Carmel, Syosset, for appellant. *698 Law Office of Quinlan and Fields, Hawthorne (Daniel Gartenstein of counsel), for respondent.
Randal S. Carmel, Syosset, for appellant. *698 Law Office of Quinlan and Fields, Hawthorne (Daniel Gartenstein of counsel), for respondent.
Appeal from order of fact-finding and disposition, Family Court, Bronx County (Fernando Silva, J.), entered on or about June 3, 2011, which, among other things, upon a finding of permanent neglect, terminated respondent father's parental rights to the subject child and committed the child's custody and guardianship to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously dismissed, without costs, and the motion to relieve assigned counsel granted.
Upon our review of respondent's assigned counsel's motion and the record, we agree that the subject order is nonappealable since it was entered following respondent's default at both the fact-finding and dispositional hearings ( Matter of Zoraida Marie C., 66 A.D.3d 486, 886 N.Y.S.2d 165 [2009] ). In any event, there are no nonfrivolous issues that could be raised on appeal ( id.; Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 [1967]; People v. Saunders, 52 A.D.2d 833, 384 N.Y.S.2d 161 [1976] ).