Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: RUEBEN DOULPHUS R., JR., A Child Under the Age of Eighteen Years, etc., Rueben R., Respondent-Appellant, Catholic Home Bureau for Dependent Children, Petitioner-Respondent.
Appeal from order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about June 6, 2003, which, after fact-finding and dispositional hearings, terminated respondent father's parental rights and transferred custody and care of the subject child to the Commissioner of Social Services of the City of New York and petitioner for purposes of adoption, unanimously dismissed, without costs. Order, same court and Judge, entered on or about June 25, 2003, which denied respondent's motion to vacate his default at the dispositional hearing on February 20, 2003, and to reschedule that hearing, unanimously affirmed, without costs.
No appeal lies from the order of disposition since it was entered on default (see CPLR 5511; Matter of Monique Twana C., 246 A.D.2d 351, 667 N.Y.S.2d 371 [1998]; Matter of Tyrone W., 223 A.D.2d 367, 636 N.Y.S.2d 310 [1996]; Matter of Geraldine Rose W., 196 A.D.2d 313, 609 N.Y.S.2d 324 [1994], lv. dismissed 84 N.Y.2d 967, 621 N.Y.S.2d 514, 645 N.E.2d 1213 [1994] ). The motion to set aside the default was properly denied since respondent failed to offer a reasonable excuse for his failure to appear at the hearing and a meritorious defense to the proceeding (see Matter of “Male” Jones, 128 A.D.2d 403, 512 N.Y.S.2d 689 [1987] ).
Were the Family Court's disposition properly before this Court, we would conclude that the finding of permanent neglect is supported by clear and convincing evidence that respondent failed to maintain regular visits with his son, to attend parenting skills training within the scheduled time frame, or to plan for the child's return. The interests of this child are best served by terminating respondent's parental rights in order to facilitate the child's adoption by his long-term foster parents (see Matter of Star Leslie W., 63 N.Y.2d 136, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ).
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: October 28, 2004
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)