Shirley C., Matter of
| Citation | 536 N.Y.S.2d 156,145 A.D.2d 631 |
| Parties | In the Matter of SHIRLEY C. (Anonymous), et al., St. Vincent's Services, Inc., et al., Respondents; Roger C., Appellant. |
| Decision Date | 30 December 1988 |
| Court | New York Supreme Court Appellate Division |
Howard M. Simms, New York City, for appellant.
Jerome A. Isoldi and Susan Forbes, Brooklyn, for respondent St. Vincent's Services, Inc.
Lenore Gittis, New York City (Barbara H. Dildine, of counsel; Nancy Allen on the brief), law guardian for the children.
Before THOMPSON, J.P., and LAWRENCE, RUBIN, HARWOOD and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
In consolidated proceedings pursuant to Social Services Law § 384-b to terminate parental rights, the appeal is from an order of the Family Court, Kings County (Greenbaum, J.), dated November 6, 1987, which denied the father's motion to vacate an order of disposition of the same court, entered June 3, 1987, upon his default, which terminated his parental rights on the ground of mental illness.
ORDERED that on the court's own motion the appellant's notice of appeal is treated as an application for leave to appeal, the application is referred to Justice Balletta, and leave to appeal is granted by Justice Balletta (CPLR 5701); and it is further,
ORDERED that the order is affirmed, without costs or disbursements.
The instant proceedings were commenced by personal service of notices of petition and petitions upon the appellant in December 1985 seeking to terminate his parental rights pursuant to Social Services Law § 384-b on the ground of his mental illness. The children were then approximately 4 1/2 and 2 1/2 years old, respectively, and had been in foster care since at least June 1983 when their mother died. The matter was initially set down for January 23, 1986, and thereafter was adjourned some seven times before coming on for an inquest on March 24, 1987. The appellant appeared in court only once, on March 11, 1986, although he had notice of many of the court dates. In addition, he had failed on 3 prior occasions to keep scheduled court-appointed psychiatric interviews.
At the inquest, the medical records of the appellant's numerous psychiatric hospitalizations were introduced into evidence, as was the testimony of a psychiatrist who diagnosed the appellant as a chronic paranoid schizophrenic whose prognosis was poor. The evidence further established that there was no real cure for the appellant's illness, and that the appellant could not properly care for his...
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James R., Jr., Matter of
... ... [Kevin J.], 235 A.D.2d 540, 653 N.Y.S.2d 857; Matter of Little Flower Children's Servs. [Sean Courtney G.] v. Vernon J., 213 A.D.2d 548, 624 N.Y.S.2d 908; Matter of Shirley C. [Roger C.], 145 A.D.2d 631, 536 N.Y.S.2d 156; Matter of Jones, 128 A.D.2d 403, 512 N.Y.S.2d 689). That showing was unnecessary here, however, because the record establishes that petitioner was denied effective assistance of assigned counsel ... A respondent in a permanent ... ...
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Geraldine Rose W., Matter of
... ... , with appropriate procedures available to open a default when a reasonable excuse for the default is coupled with the proffer of a meritorious defense (see, Matter of "Male" Jones, 128 A.D.2d 403, 512 N.Y.S.2d 689; Matter of Nathalie A., 145 A.D.2d 629, 536 N.Y.S.2d 702; Matter of Shirley C., 145 A.D.2d 631, 536 N.Y.S.2d 156; Matter of Raymond Anthony A., 192 A.D.2d 529, 596 N.Y.S.2d 723) ... Contrary to the position advanced by the appellant, the Family Court in termination cases has often taken inquests upon a default (see, e.g., Matter of Ana Maria R., 98 ... ...
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Jazel Dominique D., Matter of
... ... meet the requirement of CPLR 5015(a) that she provide a reasonable excuse for her failure to appear on the day of the inquest and dispositional hearing, and demonstrate a meritorious defense to the proceeding (see, Matter of Raymond Anthony A., 192 A.D.2d 529, 596 N.Y.S.2d 723; Matter of Shirley C., 145 A.D.2d 631, 536 N.Y.S.2d 156; see generally, Matter of Geraldine Rose W., 196 A.D.2d 313, 316, 609 N.Y.S.2d 324). Although the appellant claimed to have been waiting to see her boyfriend, who was in the infirmary at the Brooklyn House of Detention approximately three blocks from the ... ...
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Matter of Adam S.
... ... The mother's rehabilitative efforts did not constitute a meritorious defense (see, Matter of Aaron R., 282 A.D.2d 464; Matter of Julie T., 248 A.D.2d 477, 478; Matter of Raymond Anthony A., Jr., 192 A.D.2d 529; Matter of Shirley C., 145 A.D.2d 631; cf., Matter of Patrick L. McC., 179 A.D.2d 220). In addition, the termination of the mother's parental rights precluded her right to regain custody (see, Matter of Santosky v. Roach, 161 A.D.2d 908) ... ALTMAN, J.P., KRAUSMAN, FLORIO and COZIER, JJ., ... ...