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In the Matter of William R.C

Appellate Division of the Supreme Court of New York, First Department
Feb 16, 2006
26 A.D.3d 229 (N.Y. App. Div. 2006)

Opinion

7857.

February 16, 2006.

Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about June 10, 2003, which, after a hearing, committed custody and guardianship of the child to the Commissioner of Social Services and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.

Before: Buckley, P.J., Sullivan, Williams, Gonzalez and Catterson, JJ., Concur.


All of the appellant putative father's arguments are unpreserved, and we decline to review them. On this record, appellant, who was incarcerated shortly after the child's birth, was not a person whose consent was required for adoption (Domestic Relations Law § 111 [d]; Matter of Jonathan Logan P., 309 AD2d 576). Nor was he entitled to notice of a proceeding under the provisions of Domestic Relations Law § 111-a (2), pertaining to adoption proceedings, namely, he was never adjudicated the child's father by any court, he was never identified as such on the birth certificate or in a sworn statement by the mother, he never formally acknowledged or filed a notice of intent to claim paternity, nor was he living with the child's mother. For almost six years, from the time the child entered temporary foster care at the age of two months, appellant made no effort to establish contact with him, inquire as to his welfare, or contribute to his support in a meaningful way.


Summaries of

In the Matter of William R.C

Appellate Division of the Supreme Court of New York, First Department
Feb 16, 2006
26 A.D.3d 229 (N.Y. App. Div. 2006)
Case details for

In the Matter of William R.C

Case Details

Full title:In the Matter of WILLIAM R.C., an Infant. RICHARD C., Also Known as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 16, 2006

Citations

26 A.D.3d 229 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1221
808 N.Y.S.2d 685

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