| Matter of Chase F. (Michael G.) |
| 2012 NY Slip Op 00147 [91 AD3d 1057] |
| Jnury 12, 2012 |
| Appellate Division, Third Department |
| In the Matter of Chase F. and Another, Children Alleged to bePermanently Neglected. Tompkins County Department of Social Services, Respondent; MichaelG., Appellant. (Proceeding No. 1.) In the Matter of Florence F., Respondent, v MichaelG., Appellant, and Tiffany F. et al., Respondents. (Proceeding No. 2.) |
—[*1] Daniel S. Feder, Tompkins County Department of Social Services, Ithaca, for TompkinsCounty Department of Social Services, respondent. Mark A. Schaeber, Liverpool, attorney for the children.
Stein, J. Appeals (1) from an order of the Family Court of Tompkins County (Rowley, J.),entered November 24, 2010, which granted petitioner's application, in proceeding No. 1 pursuantto Social Services Law § 384-b, to adjudicate respondent's children to be permanentlyneglected children, and terminated respondent's parental rights, and (2) from an order of saidcourt, entered April 22, 2011, which dismissed petitioner's application, in proceeding No. 2pursuant to Family Ct Act article 6, for custody of the subject children.
Respondent Michael G. (hereinafter the father) is the father of two children (born in 1998and 2000). In February 2010, petitioner Tompkins County Department of Social Services(hereinafter DSS) commenced the first of these proceedings against the father alleging permanentneglect. Not long thereafter, petitioner Florence F., the children's paternal grandmother,commenced the second of these proceedings against the father and the children's mother seekingcustody of the children. Following a fact-finding hearing at which the father failed to appear,Family Court adjudged the father to have permanently neglected the children. The court then helda combined dispositional and custody hearing, after which an order was entered terminating thefather's parental rights, placing the children in the custody of DSS and freeing them for adoption.In a separate order, Family Court subsequently dismissed the grandmother's petition. The fathernow appeals from the order terminating his parental rights, as well as from the order dismissingthe grandmother's custody petition.
Initially, we note that, although an appeal from an order of disposition in a permanent neglectproceeding ordinarily brings up for review all underlying orders, including an order offact-finding (see generally CPLR 5501), no appeal lies here from the order adjudging thefather to have permanently neglected his children because such order was entered upon thefather's default (see CPLR 5511; Matter of Ariane I. v David I., 82 AD3d 1547, 1548 [2011], lvdenied 17 NY3d 703 [2011]; Matterof Natalie Maria D. [Miguel D.], 73 AD3d 536, 536 [2010]). As for Family Court'sdecision to terminate the father's parental rights, rather than order a suspended judgment(see Family Ct Act § 631; Matter of Anastasia FF., 66 AD3d 1185, 1187 [2009], lvdenied 13 NY3d 716 [2010]), the father's counsel briefly mentioned in her closing statementthe possibility of the children returning to the father's custody, but never actually requested sucha disposition. Accordingly, the father has not preserved for review his claim on appeal that asuspended judgment was warranted (seeMatter of Destiny CC., 40 AD3d 1167, 1169 [2007]; Matter of James X., 37 AD3d 1003, 1007 [2007]). In any event, wefind a sound and substantial basis in the record for Family Court's determination to terminate hisparental rights.
Finally, the father lacks standing to challenge Family Court's order dismissing thegrandmother's petition, as he is not an aggrieved party (see CPLR 5511; Matter of Carol YY. v James OO., 68AD3d 1463, 1463 [2009]). The order dismissed a petition seeking custody as against himand, in any event, his parental rights were already terminated (see Matter of Carrie B. v Josephine B., 81 AD3d 1009, 1009-1010[2011], appeal dismissed 17 NY3d 773 [2011]). Consequently, the father's appeal fromsuch order must be dismissed.
Peters, J.P., Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the order enteredNovember 24, 2010 is affirmed, without costs.
Ordered that the appeal from the order entered April 22, 2011 is dismissed, without costs.