| Matter of Martin V.L. (Martin L.) |
| 2011 NY Slip Op 07050 [88 AD3d 714] |
| October 4, 2011 |
| Appellate Division, Second Department |
| In the Matter of Martin V.L., Jr. Edwin Gould Services for Children& Families, Respondents; Martin L., Sr., Appellant, et al., Respondent. (Proceeding No. 1.) Inthe Matter of Miles V.L. Edwin Gould Services for Children & Families, Respondents; MartinL., Sr., Appellant, et al., Respondent. (Proceeding No. 2.) |
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John R. Eyerman, New York, N.Y., for petitioner-respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Diane Pazar of counsel), forappellant.
In related proceedings pursuant to Social Services Law § 384-b to terminate themother's parental rights, the father appeals, as limited by his brief, from so much of two orders offact-finding and disposition (one as to each child) of the Family Court, Kings County (Lim, J.),dated July 19, 2010, as, after a fact-finding and dispositional hearing, determined that he was nota father whose consent to the subject children's adoptions was required pursuant to DomesticRelations Law § 111 and transferred guardianship and custody of the subject children tothe Commissioner of the Administration for Children's Services of the City of New York andEdwin Gould Services for Children and Families, for the purpose of adoption.[*2]
Ordered that the orders of fact-finding and disposition areaffirmed insofar as appealed from, without costs or disbursements.
The Family Court properly determined that the father's consent to the adoption of the subjectchildren was not required (see Domestic Relations Law § 111 [1] [d]). The fatherfailed to sustain his burden of establishing that he maintained substantial and continuous orrepeated contact with the children through the payment of support and either regular visitation orother communication with the children (id.; see Matter of Sharissa G., 51 AD3d 1019, 1020 [2008]; Matter of Michael D.D.S., 24 AD3d680 [2005]; Matter of Kasiem H., 230 AD2d 796 [1996]). The father's incarcerationdid not absolve him of his responsibility to financially support and maintain regularcommunication with the children (seeMatter of Jayquan J. [Clint J.], 77 AD3d 947 [2010]; Matter of Kevin A., Jr., 61 AD3d859 [2009]; Matter of Sharissa G., 51 AD3d at 1020).
In light of the foregoing, the father's remaining contentions have been rendered academic(see Domestic Relations Law § 111; Matter of Kasiem H., 230 AD2d at797). Rivera, J.P., Balkin, Hall and Cohen, JJ., concur.