| Matter of Jessenia Shanelle R. (Wanda Y.A.) |
| 2009 NY Slip Op 09372 [68 AD3d 558] |
| December 17, 2009 |
| Appellate Division, First Department |
| In the Matter of Jessenia Shanelle R. and Others, Infants. WandaY.A., Appellant; Catholic Guardian Society and Home Bureau,Respondent. |
—[*1] Magovern & Sclafani, New York (Joanna M. Roberson of counsel), for respondent.
Appeal from orders of disposition, Family Court, Bronx County (Clark V. Richardson, J.),entered on or about March 16, 2009, which, upon respondent-appellant's default, terminated herparental rights to the subject children, and committed custody and guardianship of the children topetitioner agency and the Commissioner of Social Services for purposes of adoption,unanimously dismissed, without costs.
No appeal lies from the orders of disposition, as they were entered upon appellant's defaultin appearing at the fact-finding and dispositional hearings (CPLR 5511; Matter of Jessica Lee D., 44 AD3d327 [2007]).
The application of appellant's assigned appellate counsel for leave to withdraw as counsel isgranted, as there are no nonfrivolous issues that could be raised on appeal (Matter of Martha P., 46 AD3d830 [2007]). Appellate counsel represents that he spoke to appellant's Family Court attorneyand encouraged him to contact appellant to see if she wished to move to vacate her default, andthat the Family Court attorney informed appellate counsel that he had lost all contact withappellant. It also appears that appellate counsel wrote to appellant advising her of his opinionthat there are no viable appellate issues and of her right to file a pro se supplemental brief, butappellant has not taken advantage of that opportunity.
Motion seeking poor person relief and assignment of counsel denied.Concur—Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and RomÁn, JJ.