In the Matter of Daquan Malik B. Commissioner of Social Services of City of New York

• Decision Date: 05 April 2004
• Docket Number: 2003-04177.
• Citation: 2004 NY Slip Op 02574,6 A.D.3d 428,774 N.Y.S.2d 382
• Parties: In the Matter of DAQUAN MALIK B. COMMISSIONER OF SOCIAL SERVICES OF CITY OF NEW YORK et al., Respondents; CHINELLE LASHAWN T., Appellant. (Proceeding No. 1.) In the Matter of NATASHA T. COMMISSIONER OF SOCIAL SERVICES OF CITY OF NEW YORK et al., Respondents; CHINELLE LASHAWN T., Appellant. (Proceeding No. 2.)
• Court: New York Supreme Court — Appellate Division

6 A.D.3d 428

774 N.Y.S.2d 382

2004 NY Slip Op 02574

In the Matter of DAQUAN MALIK B. COMMISSIONER OF SOCIAL SERVICES OF CITY OF NEW YORK et al., Respondents; CHINELLE LASHAWN T., Appellant. (Proceeding No. 1.) In the Matter of NATASHA T. COMMISSIONER OF SOCIAL SERVICES OF CITY OF NEW YORK et al., Respondents; CHINELLE LASHAWN T., Appellant. (Proceeding No. 2.)

2003-04177.

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 5, 2004.

In two related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals, as limited by her brief, from so much of (1) an order of fact-finding and disposition of the Family Court, Queens County (Hunt, J.), dated April 1, 2003, in Proceeding No. 1, as, after fact-finding and dispositional hearings, and upon an order of the same court dated August 8, 2002, denying her motion to vacate her default in appearing at the hearings, terminated her parental rights with respect to the child Natasha T. on the ground of permanent neglect, and transferred custody of the child to the petitioners Leake and Watts Children's Services and the Commissioner of Social Services of the City of New York for the purpose of adoption, and (2) an order of fact-finding and disposition of the same court, dated April 1, 2003, in Proceeding No. 2, as, after fact-finding and dispositional hearings, and upon the order dated August 8, 2002, terminated her parental rights with respect to the child Daquan Malik B., and conditionally transferred custody of the child to the petitioners Leake and Watts Children's Home and the Commissioner of Social Services of the City of New York for the purpose of adoption. The appeals from the orders of fact-finding and disposition bring up for review the order dated August 8, 2002.

Ordered that the orders of fact-finding and disposition are affirmed insofar as appealed from, without costs or disbursements.

The orders of fact-finding and disposition were entered upon the mother's alleged default in appearing at the fact-finding and dispositional hearings. However, the order dated August 8, 2002, is brought up for review on the appeals from the orders of fact-finding and disposition (see CPLR 5501 [a] [1]; Matter of Aho, 39 NY2d 241, 248 [1976]). Appellate review is not precluded because the mother may obtain review of "matters which were the subject of contest below" (James v Powell, 19 NY2d 249, 256 n 3 [...