In re Tashara B.
Cases that cite this one
20 later published cases cite this decision.
- In re Thomas Z. (Appellate Division of the Supreme Court of New York 2004)
- In re Shawn P. (Appellate Division of the Supreme Court of New York 2003)
- Matter of Keith B. (Sharrone S.) (Appellate Division of the Supreme Court of New York 2020)
- Matter of Tamar T.W. (Temorerie T.W.) (Appellate Division of the Supreme Court of New York 2017)
- Matter of Tinisha J. (William J.) (Appellate Division of the Supreme Court of New York 2016)
- In re Mc. (Appellate Division of the Supreme Court of New York 2014)
- In re Mc. (Appellate Division of the Supreme Court of New York 2014)
- In re Christopher C. Dutchess County Department of Social Services (Appellate Division of the Supreme Court of New York 2013)
- In re Christopher C. Dutchess County Department of Social Services (Appellate Division of the Supreme Court of New York 2013)
- In re Antoinne T. (Appellate Division of the Supreme Court of New York 2011)
- In re Nayarie M. (Appellate Division of the Supreme Court of New York 2010)
- In re Robert A.G. (Appellate Division of the Supreme Court of New York 2009)
- In re Female F. (Appellate Division of the Supreme Court of New York 2007)
- In re Jamar Terry N. (Appellate Division of the Supreme Court of New York 2007)
- In re Jahmir Domevlo J. (Appellate Division of the Supreme Court of New York 2004)
- In re Felix M. (Appellate Division of the Supreme Court of New York 2004)
- In re Elizabeth Susanna R. (Appellate Division of the Supreme Court of New York 2004)
- In re Baby Boy C. (Appellate Division of the Supreme Court of New York 2004)
- In re Miguel K. Forestdale, Inc. (Appellate Division of the Supreme Court of New York 2003)
- In re Stephanie Jane S. (Appellate Division of the Supreme Court of New York 2003)
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
In a proceeding pursuant to Social Services Law § 384-b to terminate the father’s parental rights on the ground of abandonment, the father appeals from an order of disposition of the Family Court, Suffolk County (Blass, J.), entered May 3, 2001, which, without a dispositional hearing, terminated his parental rights and transferred custody and guardianship of the subject child to the Suffolk County Department of Social Services for the purpose of adoption.
Ordered that the order is affirmed, without costs or disbursements.
The Family Court properly determined that there was clear and convincing proof of the appellant’s abandonment of his child during the six-month period prior to the filing of the petition, in view of the total absence of contact between the appellant and the child during that period (see Social Services Law § 384-b [5] [a], [b]; Matter of Derrick J., 287 AD2d 503; Matter of Ronald D., 282 AD2d 533). The appellant’s incarceration did not prevent him from contacting his child or the agency by telephone or letter (see Matter of Derrick J., supra; Matter of Ronald D., supra). The petitioner was under no obligation to arrange for visitation (see Social Services Law § 384-b [5] [b]; Matter of Julius P., 63 NY2d 477; Matter of Derrick J., supra), and it did not prevent or discourage contact between the appellant and his child (see Matter of Derrick J., supra).
Under the circumstances, the Family Court providently exercised its discretion when it determined that a dispositional hearing was not required before terminating the appellant’s parental rights (see Matter of Little Flower Children’s Servs. [Female M.] v Clinton Tracy M., 222 AD2d 507; Matter of St. Vincent’s Servs. [Donna DJ v Donald D., 205 AD2d 785; Matter of Dlaine Bernice S., 72 AD2d 775, 776).
Finally, contrary to the appellant’s contention, he was not denied the effective assistance of counsel (see Matter of Omar B., 175 AD2d 834; Matter of Erin G., 139 AD2d 737, 739; see also People v Satterfield, 66 NY2d 796; People v Baldi, 54 NY2d 137). Ritter, J.P., Altman, H. Miller and Adams, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.