Matter of Jahni Reese F. (Joshua R.F.)

Matter of Jahni Reese F. (Joshua R.F.) 2015 NY Slip Op 05256 Decided on June 18, 2015 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 18, 2015
Gonzalez, P.J., Tom, Friedman, Kapnick, JJ.
15465

[*1] In re Jahni Reese F., A Dependent Child Under the Age of Eighteen Years, etc.,

and

Joshua R. F., Respondent-Appellant, Catholic Guardian Society & Home Bureau, Petitioner-Respondent.

Geoffrey P. Berman, Larchmont, for appellant.

Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the child.

Appeal from order, Family Court, New York County (Douglas Hoffman, J.), entered on or about June 10, 2014, which, upon appellant's default, terminated his parental rights to the subject child on the ground of permanent neglect and committed the custody and guardianship of the child to the Commissioner of Social Services of the City of New York and petitioner agency for the purpose of adoption, unanimously dismissed, without costs, as taken from a nonappealable order.

The appeal is dismissed because appellant failed to appear at both the fact-finding and dispositional hearings, without excuse, and never moved to vacate his default (see CPLR 5511; Matter of Aaron C. [Grace C.], 105 AD3d 548, 548—549 [1st Dept 2013]). As the appeal is dismissed, the application by assigned counsel to withdraw as counsel is granted (see Eric R. v Celena P., 121 AD3d 524 [1st Dept 2014]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 18, 2015

CLERK