Matter of Jessica Lee D.

2007 NY Slip Op 07340 [44 AD3d 327]

October 4, 2007

Appellate Division, First Department

As corrected through Wednesday, December 12, 2007

In the Matter of Jessica Lee D., an Infant. Ali C., Appellant;Harlem-Dowling-Westside Center, Respondent.

—[*1]Geoffrey P. Berman, New York, for appellant.

Law Offices of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), forrespondent.

Tamara A. Steckler, The Legal Aid Society, New York (Judith Waksberg of counsel), andProskauer Rose, LLP, New York (Ian C. Schaefer of counsel), Law Guardian.

Appeal from order of disposition, Family Court, New York County (Rhoda J. Cohen, J.),entered on or about May 31, 2006, which, insofar as appealed from, upon respondent-appellant'sdefault, terminated his parental rights to the subject child, and committed custody andguardianship of the child to petitioner agency and the Commissioner of Social Services forpurposes of adoption, unanimously dismissed, without costs.

The order of disposition from which respondent purports to appeal was entered upon hisdefault at the dispositional hearing, and therefore is not appealable (CPLR 5511; Matter of Rueben Doulphus R., 11AD3d 398 [2004], lv dismissed in part and denied in part 4 NY3d 759 [2005]).Concur—Andrias, J.P., Sullivan, Catterson, McGuire and Malone, JJ.