| Matter of Natalie Maria D. (Miguel D.) |
| 2010 NY Slip Op 04115 [73 AD3d 536] |
| May 13, 2010 |
| Appellate Division, First Department |
| In the Matter of Natalie Maria D., a Child Alleged to bePermanently Neglected. Miguel D., Appellant; The Children's Aid Society,Respondent. |
—[*1] Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Harris of counsel), LawGuardian.
Order, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about December4, 2007, which determined, after a fact-finding hearing, that respondent father permanentlyneglected the subject child, unanimously affirmed, without costs. Appeal from order ofdisposition, same court and Judge, entered on or about November 21, 2007, which, upon afact-finding of permanent neglect, terminated respondent's parental rights and committed thecustody and guardianship of the child to petitioner agency and the Administration for Children'sServices for the purpose of adoption, unanimously dismissed, without costs, as taken from anonappealable paper.
Respondent failed to appear at the dispositional hearing, his counsel did not participate, andhe has not offered any explanation for his failure to appear. Thus, the order of disposition wasentered upon respondent's default, and it is not appealable by him (see Matter of RaymondAnthony S., 309 AD2d 520 [2003]).
The agency demonstrated by clear and convincing evidence that it made diligent efforts toassist respondent to reunite with the child and that respondent rejected assistance in obtaininghousing, although he was continually unable on his own to find a suitable place to live with thechild, and refused to plan for the return of the child separately from the mother, despite his statedunderstanding that the child was not safe in the mother's care (see Social Services Law§ 384-[*2]b [7] [a]; Matter of Sheila G., 61 NY2d368 [1984]; Matter of Kimberly Rosemarie S., 211 AD2d 594 [1995], lv denied85 NY2d 809 [1995]). Concur—Andrias, J.P., Catterson, Renwick, Richter andRomÁn, JJ.