Alan R. v. Saint Dominic's Family Servs. (In re Angel L.-R.)

• Decision Date: 09 June 2022
• Docket Number: 16108,Dkt. No. B33743/19,Case No. 2021-01745
• Citation: 167 N.Y.S.3d 796 (Mem)
• Parties: In the MATTER OF ANGEL L.-R., A Dependent Child Under Eighteen Years of Age, etc., Alan R., Respondent-Appellant, v. Saint Dominic's Family Services, Petitioner-Respondent, Administration for Children Services, Respondent.
• Court: New York Supreme Court — Appellate Division

167 N.Y.S.3d 796 (Mem)

In the MATTER OF ANGEL L.-R., A Dependent Child Under Eighteen Years of Age, etc.,Alan R., Respondent-Appellant,

v. Saint Dominic's Family Services, Petitioner-Respondent,Administration for Children Services, Respondent.

16108

Dkt. No. B33743/19

Case No. 2021-01745

Supreme Court, Appellate Division, First Department, New York.

ENTERED June 9, 2022

Steven N. Feinman, White Plains, for appellant.

Ira L. Eras, P.C., Brooklyn (Ira L. Eras of counsel), for respondent.

Kapnick, J.P., Mazzarelli, Gesmer, Shulman, Rodriguez, JJ.

Order, Family Court, Bronx County (Sarah P. Cooper, J.), entered on or about April 7, 2021, which, upon a finding of abandonment and permanent neglect, terminated respondent father's parental rights to the subject child, and transferred custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.

The court providently exercised its discretion in denying respondent's application for a dispositional hearing before terminating his parental rights, as such a hearing was not statutorily required following its finding of abandonment, conceded by respondent ( Matter of Messiah C.T. [Eusebio C.T.], 180 A.D.3d 544, 545, 116 N.Y.S.3d 278 [1st Dept. 2020] ; Matter of Michael Angelo D. [Abby Ann D.], 147 A.D.3d 446, 46 N.Y.S.3d 583 [1st Dept. 2017] ). Respondent's claim of recent significant progress in addressing his parenting deficits is unavailing (see Matter of Keyevon Justice P. [Lativia Denice P.], 90 A.D.3d 477, 935 N.Y.S.2d 13 [1st Dept. 2011] ).