IN RE: KING D.C. (Anonymous). (2023)

DECISION & ORDER

In related proceedings pursuant to Social Services Law § 384–b, the mother appeals from four orders of fact-finding and disposition of the Family Court, Suffolk County (Matthew Hughes, J.) (one as to each child), all dated February 9, 2022.  The orders of fact-finding and disposition, after a fact-finding hearing, and upon the mother's failure to appear at the fact-finding hearing and her counsel's election, in effect, to remain mute, found that the mother abandoned the subject children, terminated her parental rights, and transferred custody and guardianship of the children to stated parties for the purpose of adoption.

ORDERED that the appeals are dismissed, without costs or disbursements.

The mother's contention that the petitioner failed to prove that she abandoned the subject children is not properly before this Court as those findings were made upon the mother's default and, as such, are not appealable (see CPLR 5511;  Matter of Zowa D.P. [Jenia W.], 190 A.D.3d 744, 744–745, 135 N.Y.S.3d 879;  Matter of Joseph Kenneth B., 47 A.D.3d 809, 809, 850 N.Y.S.2d 543;  Matter of Geraldine Rose W., 196 A.D.2d 313, 609 N.Y.S.2d 324).  To the extent the mother challenges findings by the Family Court that she permanently neglected the subject children, she must seek relief, if anywhere, in the related proceedings to terminate her parental rights on that ground.  Those matters are not the subject of the orders appealed from (see generally Matter of John M. [Danielle Mc.], 111 A.D.3d 639, 639, 974 N.Y.S.2d 290).

DILLON, J.P., BRATHWAITE NELSON, MILLER and MALTESE, JJ., concur.