| Matter of Keynyha Shante Marie B. (Craig B.) |
| 2010 NY Slip Op 06790 [76 AD3d 1063] |
| September 28, 2010 |
| Appellate Division, Second Department |
| In the Matter of Keynyha Shante Marie B., a Child Alleged to bePermanently Neglected. Administration for Children's Services et al., Respondents; Craig B. etal., Appellants. |
—[*1] Joseph R. Faraguna, Sag Harbor, N.Y., for appellant Tuwanda Marie G. Jeremiah Quinlan, Hawthorne, N.Y. (Daniel Gartenstein of counsel), for respondent NewYork Foundling Hospital. Steven Banks, New York, N.Y. (Tamara A. Steckler and Susan Clement of counsel), attorneyfor the child.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of permanent neglect, the father appeals, and the mother separately appeals, froman order of fact-finding and disposition of the Family Court, Kings County (Ruiz, J.), dated April13, 2009, which, after a fact-finding hearing at which they failed to appear, and after adispositional hearing, found that each of them permanently neglected the subject child,terminated each parent's parental rights, and transferred custody and guardianship to theCommissioner of Social Services of the City of New York and the New York Foundling Hospitalfor the purpose of adoption.
Ordered that the appeals from so much of the order of fact-finding and disposition as foundthat the parents permanently neglected the subject child, upon their default in appearing at thefact-finding hearing, are dismissed, without costs or disbursements; and it is further,
Ordered that the order of fact-finding and disposition is affirmed insofar as reviewed, withoutcosts or disbursements.
The appeals from so much of the order of fact-finding and disposition as found that theparents permanently neglected the subject child must be dismissed, as no appeal lies from anorder entered on the default of the appealing party (see Matter of Carmen L., 49 AD3d 649 [2008]). However, becausethe parents did appear at and participate in the dispositional hearing, they may appeal from somuch of the order of fact-finding and disposition as terminated their parental rights, and freed thechild for adoption (see Matter of LeavonMarvin B., 60 AD3d 941 [2009]).[*2]
We agree with the Family Court's determination that itwas in the child's best interest to terminate the parents' parental rights and free her for adoptionby the foster mother, with whom she has lived for virtually her entire life (see Matter of Daevon Lamar P., 48AD3d 469 [2008]; Matter ofRutherford Roderick T., 4 AD3d 213 [2004]). While the parents presented evidence atthe dispositional hearing of recent efforts to comply with the agency-formulated family serviceplan, it was insufficient to warrant an alternative disposition such as a suspended judgment (see Matter of Tyria W., 41 AD3d859 [2007]; Matter of Paul MichaelG., 36 AD3d 541 [2007]). Mastro, J.P., Dickerson, Roman and Sgroi, JJ., concur.