From Casetext: Smarter Legal Research

In re Lemar

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 2008
859 N.Y.S.2d 736 (N.Y. App. Div. 2008)

Opinion

Nos. 2007-03462, 2007-03914.

June 10, 2008.

In two related proceedings pursuant to Social Services Law § 384-b to terminate the mother's parental rights, the father appeals, as limited by his brief, from so much of two orders of fact-finding and disposition (one as to each child) of the Family Court, Queens County (Richroath, J.), dated March 20, 2007, as, after fact-finding and dispositional hearings, determined, upon his consent, that he was not entitled to notice of the subject children's adoptions pursuant to Domestic Relations Law § 111-a, and that he was not a putative father whose consent to the adoptions was required pursuant to Domestic Relations Law § 111, and transferred guardianship and custody of the subject children to the petitioner Forestdale, Inc., and the Commissioner of Social Services of the City of New York for the purpose of adoption.

Richard L. Herzfeld, New York, N.Y., for appellant.

John R. Eyerman, New York, N.Y., for respondent Forestdale, Inc.

Steven Banks, New York, N.Y. (Theo S. Liebmann, Tamara A. Steckler, and Judith Waksberg of counsel), attorney for the children.

Before: Spolzino, J.P., Carni, Dickerson and Eng, JJ.


Ordered that the appeals from so much of the orders of fact-finding and disposition as determined that the father was not entitled to notice of the adoptions and that he was not a putative father whose consent to the adoptions was required are dismissed, without costs or disbursements; and it is further,

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

The appeals from so much of the orders as determined that the father was not entitled to notice of the adoptions and that his consent to the adoptions was not necessary must be dismissed as those portions of the orders were entered on the father's consent and no appeal lies from an order entered on the consent of the appealing party ( see Matter of Angelique L., 42 AD3d 569, 571; Matter of Tyshawn Jaraind C., 33 AD3d 488).

Contrary to the father's contention, the Family Court properly determined that freeing the subject children for adoption by their maternal grandmother was in their best interests ( see Matter of Kasiem H., 230 AD2d 796, 797).


Summaries of

In re Lemar

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 2008
859 N.Y.S.2d 736 (N.Y. App. Div. 2008)
Case details for

In re Lemar

Case Details

Full title:In the Matter of LEMAR H. FORESTDALE, INC., et al., Respondents; ERVIN…

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

Date published: Jun 10, 2008

Citations

859 N.Y.S.2d 736 (N.Y. App. Div. 2008)
859 N.Y.S.2d 736
2008 N.Y. Slip Op. 5505

Citing Cases

Westchester Cnty. Dep't of Soc. Servs. v. Eddie P. (In re Shaliyah P.)

The appeal from the order of fact-finding and disposition, which found that the father neglected the subject…

Velez v. Alvarez

The attorney for the children contends that the Family Court approved the agreement without having sufficient…