| Matter of De'Von M.F.C. (Mustapha F.) |
| 2013 NY Slip Op 02245 [105 AD3d 738] |
| April 3, 2013 |
| Appellate Division, Second Department |
| In the Matter of De'Von M.F.C., Also Known as De'VonC., an Infant. Administration for Children's Services et al., Respondents; Mustapha F.,Appellant, et al., Respondent. |
—[*1] Rosin Steinhagen Mendel, New York, N.Y. (Douglas H. Reiniger of counsel), forpetitioner-respondent Children's Aid Society. Steven Banks, New York, N.Y. (Tamara A. Steckler and Amy Hausknecht ofcounsel), attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b to terminate themother's parental rights on the ground of permanent neglect, Mustafa F. appeals, aslimited by his brief, from so much of an order of fact-finding and disposition of theFamily Court, Richmond County (Wolff, J.), dated January 18, 2011, as, afterfact-finding and dispositional hearings, determined that he was not a father whoseconsent to the adoption of the subject child was required pursuant to Domestic RelationsLaw § 111 and transferred guardianship and custody of the subject child to theChildren's Aid Society and the Commissioner of the Administration for Children'sServices of the City of New York for the purpose of adoption.
Ordered that the order of fact-finding and disposition is affirmed insofar as appealedfrom, without costs or disbursements.
The Family Court's determination that the appellant's consent to the adoption was notrequired was supported by clear and convincing evidence (see Matter of Julian J.C. [JuanC.], 96 AD3d 937 [2012]; Matter of Jaden Dasani-Amru B. [Roy Alphonso B.], 74 AD3d801 [2010]; Matter ofSerenity Anya C., 60 AD3d 852 [2009]). The appellant failed to meet his burdenof establishing that he maintained substantial and continuous or repeated contact with thechild through the payment of support and either regular visitation or othercommunication with the child (see Domestic Relations Law § 111 [1] [d];Matter of Janelle C. [SeanR.], 88 AD3d 787, 787 [2011]; Matter of Martin V.L. [Martin L.], 88 AD3d 714, 715[2011]; Matter of Aaron P.,61 AD3d 448, 448 [2009]; Matter of Hassan Lawrence W., 42 AD3d 573, 573-574[2007]). Moreover, his "incarceration did not absolve him of the responsibility to providefinancial support for the child, according to his means, and to maintain regular contactwith [*2]the child or the petitioner" (Matter of Jayquan J. [Clint J.],77 AD3d 947, 948 [2010]; see Matter of Martin V.L. [Martin L.], 88 AD3dat 715; Matter of Kevin A.,Jr., 61 AD3d 859, 860 [2009]).
The appellant's remaining contentions either are without merit or need not be reachedin light of our determination. Angiolillo, J.P., Dickerson, Chambers and Lott, JJ., concur.