IN RE: MECCA B. (Anonymous). (2026)

DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384–b, the mother appeals from an order of fact-finding and disposition of the Family Court, Queens County (Monica D. Shulman, J.), dated August 19, 2025.  The order of fact-finding and disposition, after a fact-finding hearing, found that the mother abandoned the subject child, terminated her parental rights, and transferred guardianship and custody of the subject child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.

ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.

The petitioner, Graham Windham, commenced this proceeding pursuant to Social Services Law § 384–b, inter alia, to terminate the mother's parental rights to the subject child on the ground of abandonment.  After a fact-finding hearing, the Family Court determined that the mother had abandoned the child, terminated her parental rights, and transferred guardianship and custody of the child to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.  The mother appeals.

The mother's contention that the Family Court erred in failing to hold a separate dispositional hearing is unpreserved for appellate review (see Matter of Messiah C.T. [Eusebio C.T.], 180 AD3d 544, 545;  Matter of Jeremiah M. [Sabrina Ann M.], 109 AD3d 736, 737;  Matter of Mahogany Z. [Wayne O.], 72 AD3d 1171, 1173).  In any event, upon a finding of abandonment pursuant to Social Services Law § 384–b, the court is not required to hold a dispositional hearing (see Matter of King–Osiris A.T. [Isis S.], 224 AD3d 839, 840;  Matter of Keith B. [Sharrone S.], 180 AD3d 670, 671).  Rather, the determination of whether to hold a dispositional hearing is within the court's discretion (see Matter of King–Osiris A.T. [Isis S.], 224 AD3d at 840).  Here, the court providently exercised its discretion in terminating the mother's parental rights based upon abandonment without conducting a separate dispositional hearing (see id. at 840;  Matter of Keith B. [Sharrone S.], 180 AD3d at 671;  Matter of Mekhi Kahalil G. [Ainsley M.J.], 99 AD3d 1003, 1004).

BRATHWAITE NELSON, J.P., DOWLING, TAYLOR and LOVE, JJ., concur.