Opinion
2001-04098
Submitted February 11, 2002.
March 18, 2002.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Orange County (Bivona, J.), entered April 10, 2001, which, after a hearing, dismissed the proceeding.
John F. X. Burke, Goshen, N.Y., for appellant.
Catherine M. Bartlett, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), for respondent.
Mark Diamond, New York, N.Y., Law Guardian for the child.
Before: SANDRA J. FEUERSTEIN, J.P., CORNELIUS J. O'BRIEN, DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.
ORDERED that the order is affirmed, without costs.
The appellant is the unwed father of a child, who is in the custody of the respondent agency pursuant to a surrender instrument executed by the child's mother and approved by the Family Court. Contrary to the appellant's contention, he did not promptly assert his parental rights and manifest his willingness to assume custody of the child. Accordingly, the Family Court properly dismissed his petition for custody (see, Social Services Law § 384; § 384-c[7]; Domestic Relations Law § 111; Matter of Robert O. v. Russell K., 80 N.Y.2d 254; Matter of Raquel Marie X., 76 N.Y.2d 387, cert denied 498 U.S. 984; Matter of Nicholas X. R., 246 A.D.2d 311; Matter of Raymond AA v. Doe, 217 A.D.2d 757).
The appellant's remaining contentions are without merit.
FEUERSTEIN, J.P., O'BRIEN, LUCIANO and TOWNES, JJ., concur.