| Matter of Mathew Niko M. (Niko M.) |
| 2010 NY Slip Op 01741 [71 AD3d 440] |
| March 4, 2010 |
| Appellate Division, First Department |
| In the Matter of Mathew Niko M., an Infant. Catholic GuardianSociety & Home Bureau et al., Respondents; Niko M., Appellant. |
—[*1] Magovern & Sclafani, New York (Mary Jane Sclafani of counsel), for respondents. Proskauer Rose LLP, New York (Deidre A. Grossman of counsel), Law Guardian.
Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about August14, 2008, which, after a hearing, found that respondent was not a consent father as defined underDomestic Relations Law § 111 (1) (d), unanimously affirmed, without costs.
Clear and convincing evidence supports the finding that respondent did not meet the parentalresponsibility criteria set forth in Domestic Relations Law § 111 (1) (d) (see Matter ofJonathan Logan P., 309 AD2d 576 [2003]). The evidence shows that respondent wasincarcerated for the majority of his son's life, that he failed to provide any financial support, andthat he did not maintain regular contact and/or visit with his son (see Matter of Aaron P., 61 AD3d448 [2009]; Matter of WilliamR.C., 26 AD3d 229, 230 [2006], lv denied 7 NY3d 714 [2006]). The moniesallegedly provided by the paternal grandmother as purported support for the child onrespondent's behalf do not substitute for the legal support obligations owed by respondent(see Matter of Michael E. J., 84 AD2d 816, 817 [1981]), nor are the contacts andcommunications by the paternal grandmother with the child imputed to respondent (see e.g.Matter of Crawford, 153 AD2d 108, 112 [1990]). To the extent respondent asserts that hewas thwarted in his effort to maintain contact with his son because he perceived the maternalgrandmother to be a difficult person, such contention ignores his other statement that, whileincarcerated, he chose not to maintain contact with his son because it would cause him stress.[*2]Furthermore, there is no evidence that respondent attemptedto reach out to the agency for assistance in maintaining contact with his son.Concur—Andrias, J.P., Nardelli, Catterson, DeGrasse and Manzanet-Daniels, JJ.