In re Erika G.
Cases that cite this one
12 later published cases cite this decision.
- SKINNER, TIMOTHY v. STATE OF NEW YORK (Appellate Division of the Supreme Court of New York 2013)
- Skinner v. State (Appellate Division of the Supreme Court of New York 2013)
- Skinner v. State (Appellate Division of the Supreme Court of New York 2013)
- In re Alyssa L. (Appellate Division of the Supreme Court of New York 2012)
- In re Jamaica M. (Appellate Division of the Supreme Court of New York 2011)
- In re Anthony I. (Appellate Division of the Supreme Court of New York 2009)
- Whitaker v. Murray (Appellate Division of the Supreme Court of New York 2008)
- In re Milicia NN. (Appellate Division of the Supreme Court of New York 2006)
- Apostolos v. Fairservice (Appellate Division of the Supreme Court of New York 2005)
- In re C. Children (NYC Family Court 2004)
- Matter of C. Children (Kings Family Court 2004)
- In re Joshua II. (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal from an order of the Family Court of Chemung County (Frawley, J.H.O.), entered January 5, 2001, which granted petitioner’s application, in a proceeding pursuant to Social Services Law § 384-b, to adjudicate respondent’s children to be abandoned.
Respondent is the father of three children who were first placed in foster care in February 1998 after they were removed from the home of their mother. The children were returned to their mother’s care in February 1999 and respondent saw them on a regular basis until early September 1999, when his relationship with their mother ended and he moved to Florida. The children were returned to foster care by court order in November 1999 and their mother surrendered her parental rights in February 2000. By petition filed in March 2000, petitioner commenced this proceeding alleging that respondent had abandoned his children by failing to visit or communicate with them — although able to do so — during the six-month period immediately prior to the date of the filing of the petition (see, Social Services Law § 384-b [5] [a]). Respondent returned from Florida in May 2000. After efforts were made by petitioner to locate respondent, he was served with the abandonment petition on September 26, 2000, the same day on which he appeared at Family Court to file a petition for custody of the children.
Respondent finally contends that Family Court erred when it found, without hearing evidence on the subject at a dispositional hearing, that it was in the children’s best interests to be freed for adoption. As respondent did not appeal from the order of disposition, this issue is not properly before the Court (see, Matter of Jason FF., 224 AD2d 900).
Crew III, J. P., Peters, Mugglin and Lahtinen, JJ., concur. Ordered that the order is affirmed, without costs.
. Respondent’s custody petition dated and filed September 26, 2000 was dismissed in Family Court on January 5, 2001 and that order has not been appealed.
. Although respondent improperly appeals from the fact-finding order rather than the order of disposition (Family Ct Act § 1112 [a]), the notice of
Case-law data current through September 30, 2026. Source: CourtListener bulk data.