BABY GIRL M. v. KWAME M

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Docket Number

No. 2007-00412.

Attorney(S)

Joseph R. Faraguna, Sag Harbor, N.Y., for appellant Kwame M. David Laniado, Brooklyn, N.Y., for appellant Osma P. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Janet L. Zaleon and Susan B. Eisner of counsel), for respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Mitchell Katz of counsel), Law Guardian for the children.

Judges

William F. Mastro
Peter B. Skelos
Thomas A. Dickerson

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In the Matter of BABY GIRL M., a Child Alleged to be Severely Abused and Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; KWAME M. et al., Appellants. (Proceeding No. 1.) In the Matter of ZIONIAH M., a Child Alleged to be Severely Abused and Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; KWAME M. et al., Appellants. (Proceeding No. 2.) In the Matter of QUEEN-ADISA M., a Child Alleged to be Severely Abused and Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; KWAME M. et al., Appellants. (Proceeding No. 3.).

Ordered that the appeal from so much of the order of disposition as placed the children in the custody of the Commissioner of Social Services until the next permanency hearing is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the consent of the appealing party ( see CPLR 5511); and it is further,

Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.

Contrary to the father's contention, the evidence adduced at the fact-finding hearing supports, by clear and convincing evidence, the Family Court's finding as to the father's severe abuse pursuant to Social Services Law § 384-b (8) (a).

The father's remaining contention that it would be in the children's best interest to be returned to his custody has not been considered since the father consented to the placement of the children in the care of the Commissioner of Social Services ( see CPLR 5511; Matter of Jonathan G, 278 AD2d 324).

The mother was not deprived of the effective assistance of counsel ( see Matter of Jonathan LL., 294 AD2d 752).

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