| Matter of Willie Ray B. (Deanna W.B.) |
| 2010 NY Slip Op 07166 [77 AD3d 657] |
| October 5, 2010 |
| Appellate Division, Second Department |
| In the Matter of Willie Ray B., Jr. Westchester County Department ofSocial Services, Respondent; Deanna W.B., Appellant, et al., Respondent. (Proceeding No. 1.) In theMatter of Sarah Jean B. Westchester County Department of Social Services, Respondent; DeannaW.B., Appellant, et al., Respondent. (Proceeding No. 2.) In the Matter of Damien Joseph B.Westchester County Department of Social Services, Respondent; Deanna W.B., Appellant, et al.,Respondent. (Proceeding No. 3.) In the Matter of Devin Xavier B. Westchester County Department ofSocial Services, Respondent; Deanna W.B., Appellant, et al., Respondent. (Proceeding No.4.) |
—[*1] Robert F. Meehan, White Plains, N.Y. (Stacey Dolgin-Kmetz and Mary Lynn Nicolas-Brewsterof counsel), for petitioner-respondent. Theresa M. Daniele, White Plains, N.Y., attorney for the children.
In four related proceedings pursuant to Social Services Law§ 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals, aslimited by her brief, from so much of four orders of fact-finding and disposition (one as to each child) ofthe Family Court, Westchester County (Davidson, J.), each dated March 9, 2009, as, after afact-finding inquest held upon her failure to appear at a fact-finding hearing, and after a dispositionalhearing, found that she permanently neglected the subject children, terminated her parental rights, andtransferred the guardianship and custody of the subject children to the Westchester County Departmentof Social Services for the purpose of consenting to their adoption.
Ordered that the appeal from so much of the orders as found that the mother permanentlyneglected the subject children is dismissed, without costs or disbursements, as no appeal lies from thoseportions of the orders which were entered upon the mother's default (see Matter of VanessaM., 263 AD2d 542 [1999]); and it is further,
Ordered that the orders are affirmed insofar as reviewed, without costs or disbursements.
Since the mother failed to appear at the fact-finding hearing and her attorney did not participate init, so much of the orders as found that the mother permanently neglected the subject children wereentered upon default and, therefore, are not appealable (see Matter of Amber Megan D., 54 AD3d 338 [2008]; Matter of Jaiyeola-Akintunde J., 8 AD3d281 [2004]; Matter of Vanessa M., 263 AD2d at 543; Matter of Geraldine RoseW., 196 AD2d 313, 316-319 [1994]).
The mother's contention that the Family Court erred in not adjourning the fact-finding hearing uponher failure to appear is without merit (see Matter of Amber Megan D., 54 AD3d at 339;Matter of Michael Dennis C., 121 AD2d 535, 535-536 [1986]).
Contrary to the mother's contention, the best interests of the children would be served byterminating her parental rights and freeing the children for adoption (see Matter of Jordan F., 62 AD3d698, 699 [2009]; Matter of JamaorquiR.B., 56 AD3d 465, 466 [2008]). Santucci, J.P., Balkin, Belen and Chambers, JJ., concur.