In re Jaiyeola-Akintunde J.

Appellate Division of the Supreme Court of New York

In re Jaiyeola-Akintunde J.

8 A.D.3d 281, 777 N.Y.S.2d 693, 2004 N.Y. App. Div. LEXIS 7502

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 1, 2004

StatusPublished

Cited by4 cases

This text of 8 A.D.3d 281 (In re Jaiyeola-Akintunde J.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Jaiyeola-Akintunde J., 8 A.D.3d 281, 777 N.Y.S.2d 693, 2004 N.Y. App. Div. LEXIS 7502 (N.Y. Ct. App. 2004).

Pincite

Opinion

In two related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of abandonment, the father appeals from an order of fact-finding and disposition of the Family Court, Nassau County (Balkin, J.), dated December 10, 2002, which, after a hearing, terminated his parental rights and transferred custody and guardianship of the subject children to the Nassau County Department of Social Services for the purpose of adoption.

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order made upon the default of the appealing party (see CPLR 5511).

Since the appellant failed to appear at the fact-finding hearing and his attorney did not participate in the hearing, the order terminating his parental rights and transferring custody and guardianship of the subject children was entered upon his default and is not appealable (see CPLR 5511; Matter of Ricky V., 4 AD3d 368 [2004]; Matter of Iris R., 295 AD2d 521, 522 [2002]; Matter of Vanessa M., 263 AD2d 542 [1999]; Matter of Darryl P., 228 AD2d 176 [1996]; Matter of Geraldine Rose W., 196 AD2d 313 [1994]). Smith, J.P., S. Miller, Crane and Rivera, JJ., concur.

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In two related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of abandonment, the father appeals from an order of fact-finding and disposition of the Family Court, Nassau County (Balkin, J.), dated December 10, 2002, which, after a hearing, terminated his parental rights and transferred custody and guardianship of the subject children to the Nassau County Department of Social Services for the purpose of adoption.

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order made upon the default of the appealing party (see CPLR 5511).

Since the appellant failed to appear at the fact-finding hearing and his attorney did not participate in the hearing, the order terminating his parental rights and transferring custody and guardianship of the subject children was entered upon his default and is not appealable (see CPLR 5511; Matter of Ricky V., 4 AD3d 368 [2004]; Matter of Iris R., 295 AD2d 521, 522 [2002]; Matter of Vanessa M., 263 AD2d 542 [1999]; Matter of Darryl P., 228 AD2d 176 [1996]; Matter of Geraldine Rose W., 196 AD2d 313 [1994]). Smith, J.P., S. Miller, Crane and Rivera, JJ., concur.

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Bluebook (online)

8 A.D.3d 281, 777 N.Y.S.2d 693, 2004 N.Y. App. Div. LEXIS 7502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jaiyeola-akintunde-j-nyappdiv-2004.

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