Opinion
2012-02-21
In re COREY DWAYNE B., A Dependent Child Under the Age of Eighteen Years, etc.,Dwayne B., Respondent–Appellant,Raquel R., Respondent,Cardinal McClosky Services, Petitioner–Respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. Geoffrey P. Berman, Larchmont, for respondent.
Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of counsel), for appellant. Geoffrey P. Berman, Larchmont, for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the child.
Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about December 16, 2010, which, to the extent appealed from, determined that respondent father's consent for the adoption of his child was not required, unanimously affirmed, without costs.
The father admitted that he had not provided consistent child support, despite having the means to do so, and had failed to maintain regular visitation or communication with the child or the agency ( see Domestic Relations Law § 111[1][d],[e]; Matter of Isabella Star G., 66 A.D.3d 536, 537, 887 N.Y.S.2d 77 [2009] ). The agency's alleged failure to inform the father of his parental obligations did not excuse him from fulfilling those obligations ( see Matter of Marc Jaleel G. [Marc E.G.], 74 A.D.3d 689, 690, 905 N.Y.S.2d 160 [2010] ).