| Matter of Aidiles Noelia A. |
| 2008 NY Slip Op 01535 [48 AD3d 676] |
| February 19, 2008 |
| Appellate Division, Second Department |
| In the Matter of Aidiles Noelia A. Administration for Children'sServices et al., Respondents; Angela A., Appellant, et al., Respondent. (Proceeding No. 1.) In theMatter of Joseph Anthony S. Administration for Children's Services et al., Respondents; AngelaA., Appellant, et al., Respondent. (Proceeding No. 2.) In the Matter of Justin Tyler S.Administration for Children's Services et al., Respondents; Angela A., Appellant, et al.,Respondent. (Proceeding No. 3.) In the Matter of Lisa Marie S. Administration for Children'sServices et al., Respondents; Angela A., Appellant, et al., Respondent. (Proceeding No.4.) |
—[*1] Magovern & Sclafani, New York, N.Y. (Frederick J. Magovern of counsel), forpetitioner-respondent Abbott House, Inc. Steven Banks, New York, N.Y. (Judith Waksberg of counsel), Law Guardian.
In related proceedings pursuant to Social Services Law § 384-b, inter alia, to terminatethe parental rights of the mother on the ground of permanent neglect, the mother appeals, aslimited by her brief, from so much of four orders of fact-finding and disposition of the FamilyCourt, Richmond County (McElrath, J.), all entered June 9, 2006 (one as to each child), as, afterfact-finding and dispositional hearings at which she failed to appear, found, inter alia, that shehad permanently neglected the subject children, terminated her parental rights, and transferredcustody of the subject children to the petitioner Abbott House, Inc., and the Commissioner ofSocial Services of the City of New York for the purpose of placing the children for adoption.
Motion by the petitioner-respondent Abbott House, Inc., to dismiss appeals from four ordersof the Family Court, Richmond County, all entered June 9, 2006, on the ground that no appeallies from an order entered upon the default of the appealing party. By decision and order onmotion of this Court dated September 12, 2007 [2007 NY Slip Op 77781(U)], the motion todismiss the appeals was held in abeyance and was referred to the Justices hearing the appeals fordetermination upon the argument or submission thereof.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, andupon the submission of the appeals, it is,
Ordered that the motion is granted and the appeals are dismissed.
Since the orders appealed from were entered upon the default of the mother in appearing atthe fact-finding and dispositional hearings, they are not appealable (see CPLR 5511; Matter of Brandon O., 41 AD3d482 [2007]; Matter of Geraldine Rose W., 196 AD2d 313, 317 [1994]). Rivera, J.P.,Ritter, Dillon and Carni, JJ., concur.