Matter of Williams D. (Vernetta Bernadett D.)
2011 NY Slip Op 01836 [82 AD3d 882]
March 8, 2011
Appellate Division, Second Department
As corrected through Wednesday, May 11, 2011


In the Matter of Daniel Williams D., Also Known as Daniel D., anInfant. Administration for Children's Services et al., Respondents; Vernetta Bernadett D.,Appellant.

[*1]Lewis S. Calderon, Jamaica, N.Y., for appellant.

Warren & Warren, P.C., Brooklyn, N.Y. (Ira L. Eras of counsel), for respondent Mercyfirst.

Steven Banks, New York, N.Y. (Tamara A. Steckler and Patricia Colella of counsel),attorney for the child.

In a proceeding pursuant to Social Services Law § 384-b to terminate the mother'sparental rights on the ground of abandonment, the mother appeals from an order of fact-findingand disposition (one paper) of the Family Court, Queens County (McGowan, J.), dated April 12,2010, which, after fact-finding and dispositional hearings, found that she abandoned the subjectchild, terminated her parental rights, and transferred custody and guardianship of the subjectchild to the Commissioner of the Administration for Children's Services of the City of New Yorkand Mercyfirst for the purpose of adoption.

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

Contrary to the mother's contention, the Family Court providently exercised its discretion indenying her request for an adjournment in order to present the testimony of a caseworker. Themother failed to subpoena the caseworker, although she had ample opportunity to do so, and sheonly speculated that the caseworker would offer testimony favorable to her (see Matter of Kaseem J., 52 AD3d1321 [2008]; Matter of AlexanderJames R., 48 AD3d 820 [2008]; Matter of Alexa Ray R., 276 AD2d 703[2000]). Dillon, J.P., Dickerson, Hall and Roman, JJ., concur.


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