| Matter of Sharissa G. |
| 2008 NY Slip Op 04869 [51 AD3d 1019] |
| May 27, 2008 |
| Appellate Division, Second Department |
| In the Matter of Sharissa G. Jewish Child Care Association of NewYork et al., Respondents; Richard M.G., Appellant. (Proceeding No. 1.) In the Matter ofShameeka G. Jewish Child Care Association of New York et al., Respondents; Richard M.G.,Appellant. (Proceeding No. 2.) |
—[*1] James M. Abramson, PLLC, New York, N.Y. (Dawn M. Orsatti of counsel), for respondentJewish Child Care Association of New York. Ronnie Dane, New York, N.Y., attorney for the children.
In related proceedings pursuant to Social Services Law § 384-b for guardianship andcustody of two children, the father appeals, as limited by his brief, from so much of two orders ofthe Family Court, Kings County (Pearl, J.), both dated April 23, 2007 (one as to each child), as,after a hearing, committed the guardianship and custody of the children to the Commissioner ofSocial Services of the City of New York and Jewish Child Care Association of New York andauthorized them to consent to the adoption of the subject children without his consent.
Ordered that the orders are affirmed insofar as appealed from, without costs ordisbursements.[*2]
The appellant's contention that the petitions were faciallyinsufficient and did not sufficiently apprise him that the petitioner was seeking to dispense withhis consent to the adoption of the subject children is without merit (see Matter of KimberlyVanessa J., 37 AD3d 185, 186 [2007]; Matter of Jamel Isaiah R., 18 AD3d 558[2005]; Matter of Taylor R., 290 AD2d 830, 832 [2002]).
The Family Court's determination that the appellant's consent to the adoption of the childrenwas not required was supported by clear and convincing evidence (see Matter of Taylor R.,290 AD2d at 832). The appellant failed to sustain his burden of establishing that hemaintained substantial and continuous or repeated contact with the children through the paymentof support and either regular visitation or other communication with the children (seeDomestic Relations Law § 111 [1] [d]; Matter of Hassan Lawrence W., 42AD3d 573 [2007]). The fact that the appellant had been incarcerated did not absolve him of hisresponsibility to support and maintain regular communication with the children (see Matter ofBaby Boy C., 13 AD3d 619, 620-621 [2004]; Matter of Felix M., 9 AD3d 432, 433[2004]).
The appellant's contention that it was the petitioner's responsibility to locate him while hewas incarcerated has no legal support. In addition, the appellant made no effort to contact thepetitioner (see Matter of Marie Luz C., 6 AD3d 304 [2004]). Further, the appellant didnot make any attempt to locate his children after their mother became ill, was hospitalized, andsubsequently died (cf. Matter of Medina Amor S., 50 AD3d 8 [2008]), despite the factthat he had an opportunity to do so when two relatives, who had contact with the children,telephoned him while he was incarcerated. It was undisputed that at least one of the relativesinformed the appellant in 2004 that the mother was ill and in the hospital. Moreover, theappellant's testimony that he mailed 10 to 12 letters to the children while he was incarcerated wasnot supported by objective evidence, and his testimony did not specify when he mailed the letters(see Matter of Marie Luz C., 6 AD3d 304, 305 [2004]).
The Family Court correctly determined that it was in the best interests of the children to beplaced in the care and custody of the petitioner and the Commissioner of Social Services of theCity of New York and to be freed for adoption (see Matter of "Female" V., 21 AD3d1118, 1119 [2005]; Matter of Love Russell J., 7 AD3d 799 [2004]; see also Matter ofJustin Lemont R., 45 AD3d 445, 446 [2007]).
The appellant's remaining contentions are either unpreserved for appellate review or withoutmerit. Fisher, J.P., Santucci, Balkin and Belen, JJ., concur.