IN RE: MICHAEL ANGELO D. (2017)

IN RE: MICHAEL ANGELO D., also known as Michael B., A Dependent Child Under Eighteen Years of Age, etc., AbbyAnn D., also known as Abby Ann D., Respondent–Appellant, Sheltering Arms Children and Family Services, Inc., Petitioner–Respondent.

Decided: February 07, 2017

TOM, J.P., RENWICK, SAXE, FEINMAN, GESMER, JJ.

Dora M. Lassinger, East Rockaway, for appellant. Michael F. Linardi, New York, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.

Order, Family Court, New York County (Clark V. Richardson, J.), entered on or about November 19, 2015, which, upon a finding of abandonment, terminated respondent mother's parental rights to the subject child, and transferred custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The finding of abandonment was supported by clear and convincing evidence. The record demonstrates that respondent failed to communicate or visit with the child or the agency during the six months immediately preceding the filing of the petition (see Matter of Amin Enrique M., 52 AD3d 316 [1st Dept 2008], lv dismissed 12 NY3d 792 [2009] ).

The court providently exercised its discretion in denying respondent's request for a full dispositional hearing following its finding of abandonment, as such a hearing is not statutorily required (see Matter of Keyevon Justice P. [Lativia Denice P.], 90 AD3d 477 [1st Dept 2011] ).

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

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.

Go To Learn About The Law