Matter of Jaden Dasani-Amru B. (Roy Alphonso B.)
2010 NY Slip Op 04785 [74 AD3d 801]
June 1, 2010
Appellate Division, Second Department
As corrected through Wednesday, August 25, 2010


In the Matter of Jaden Dasani-Amru B., a Child Alleged to bePermanently Neglected. St. Vincent's Services, Inc., Respondent; Roy Alphonso B.Appellant.

[*1]Rayaaz N. Khan, Jamaica, N.Y., for appellant. Magovern & Sclafani, New York, N.Y.,for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Judith Waksberg ofcounsel), attorney for the child.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of permanent neglect, the father appeals from an order of fact-finding anddisposition of the Family Court, Queens County (Richardson-Mendelson, J.), dated April 23,2009, which, inter alia, after a fact-finding and dispositional hearing, determined that his consentwas not required for the child's adoption pursuant to Domestic Relations Law § 111,terminated his parental rights, and transferred custody and guardianship of the child to thepetitioner, St. Vincent's Services, Inc., and the Commissioner of Social Services of the City ofNew York for the purpose of adoption.

Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.

The Family Court's determination that the father's consent to the adoption was not requiredwas supported by clear and convincing evidence (see Matter of Kevin A., Jr., 61 AD3d 859, 860 [2009]; Matter of Serenity Anya C., 60 AD3d852 [2009]; Matter of SharissaG., 51 AD3d 1019, 1020 [2008]; Matter of Hassan Lawrence W., 42 AD3d 573 [2007]). The fatherfailed to meet his burden of establishing that he maintained substantial and continuous orrepeated contact with the child through the payment of support and either regular visitation orother communication with the child (see Domestic Relations Law § 111 [1] [d];Matter of Kevin A., Jr., 61 AD3d at 860; Matter of Serenity Anya C., 60 AD3d 852 [2009]; Matter ofSharissa G., 51 AD3d at 1020; Matter of Hassan Lawrence W., 42 AD3d 573 [2007]).

In light of the foregoing, we need not reach the father's remaining contentions. Rivera, J.P.,Florio, Angiolillo and Austin, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.