Matter of Michael M. (Michael M.)

Matter of Michael M. (Michael M.) 2013 NY Slip Op 00704 Decided on February 5, 2013 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 February 5, 2013
Tom, J.P., Sweeny, Moskowitz, Manzanet-Daniels, Gische, JJ.
9179

[*1]In re Michael M., A Dependent Child Under the Age of Eighteen Years, etc.,

and

Michael M., Sr., Respondent-Appellant, St. Dominic's Home, Petitioner-Respondent.




Steven N. Feinman, White Plains, for appellant.
Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for
respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Patricia
Collela of counsel), attorney for the child.

Order, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about June 28, 2011, which, insofar as appealed from, determined that respondent father's consent was not required for the adoption of the subject child, unanimously affirmed, without costs.

The mother and the caseworker testified that the father did not provide any financial support for the child, although he was receiving Supplemental Security Income, and that he did not contact or communicate with the child at any time (see Domestic Relations Law § 111[1][d]; Matter of Phajja Jada S. [Toenor Ann S.], 86 AD3d 438 [1st Dept 2011], lv denied 17 NY3d 716 [2011]). There exists no basis to disturb the court's rejection of the father's unsubstantiated accounts of the financial support he provided to the child's caretakers (see Matter of Irene O., 38 NY2d 776 [1975]), and, even by the father's own account, his contact with the child over a number of years was substantially nonexistent.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 5, 2013

CLERK