Matter of Michelle M. (Mazoltuv B.)

Matter of Matter of Michelle M. (Mazoltuv B.) 2012 NY Slip Op 07674 Decided on November 14, 2012 Appellate Division, Second 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 November 14, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
2011-10277
(Docket No. B-12554-09)

[*1]In the Matter of Michelle M. (Anonymous). O'Hel Children's Home and Family Services, respondent;

and

Mazoltuv B. (Anonymous), appellant. Carol Kahn, New York, N.Y., for appellant.




James M. Abramson, PLLC, New York, N.Y. (Dawn M. Orsatti of
counsel), for respondent.
Yasmin Daley Duncan, Brooklyn, N.Y., attorney for the child.


DECISION & ORDER

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of severe abuse, the mother appeals, as limited by her brief, from so much of an order of disposition of the Family Court, Queens County (Tally, J.), dated October 5, 2011, as, upon the granting of the petitioner's motion for summary judgment on the issue of whether the mother severely abused the subject child, and following a dispositional hearing, denied her request for posttermination contact with the child.

ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother's contention, the Family Court did not err in denying her request for posttermination contact with the child. As the Court of Appeals has made clear, the Family Court does not have the authority to direct posttermination contact where parental rights are terminated after a contested proceeding pursuant to Social Services Law § 384-b (see Matter of Hailey ZZ [Ricky ZZ], 19 NY3d 422).

The mother's remaining contentions are without merit.
SKELOS, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER: [*2]

Aprilanne Agostino

Clerk of the Court