Appellate Division of the Supreme Court of New York, 2011

In re Martin V.L.

Appellate Division of the Supreme Court of New York · Decided October 4, 2011

88 A.D.3d 714; 930 N.Y.2d 470

Cases that cite this one

9 later published cases cite this decision.

Matter of Amina I.M.J. (Vaughin A.) (Appellate Division of the Supreme Court of New York 2018)
Matter of Daiyah D. F. F. (Darren S.) (Appellate Division of the Supreme Court of New York 2018)
Matter of Tanay R. S. (Robert S.--Tanay M.) (Appellate Division of the Supreme Court of New York 2014)
In re Yamilette M.G. (Appellate Division of the Supreme Court of New York 2014)
In re Yamilette M.G. (Appellate Division of the Supreme Court of New York 2014)
In re De'Von M.F.C. (Appellate Division of the Supreme Court of New York 2013)
In re De'Von M.F.C. (Appellate Division of the Supreme Court of New York 2013)
In re Angelina J. St. Vincent's Services, Inc. (Appellate Division of the Supreme Court of New York 2013)
In re Angelina J. St. Vincent's Services, Inc. (Appellate Division of the Supreme Court of New York 2013)

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

The Family Court properly determined that the father’s consent to the adoption of the subject children was not required (see Domestic Relations Law § 111 [1] [d]). The father failed to sustain his burden of establishing that he maintained substantial and continuous or repeated contact with the children through the payment of support and either regular visitation or other communication with the children (id.; see Matter of Sharissa G., 51 AD3d 1019, 1020 [2008]; Matter of Michael D.D.S., 24 AD3d 680 [2005]; Matter of Kasiem H., 230 AD2d 796 [1996]). The father’s incarceration did not absolve him of his responsibility to financially support and maintain regular communication with the children (see Matter of Jayquan J. [Clint J.], 77 AD3d 947 [2010]; Matter of Kevin A., Jr., 61 AD3d 859 [2009]; Matter of Sharissa G., 51 AD3d at 1020).

In light of the foregoing, the father’s remaining contentions have been rendered academic (see Domestic Relations Law § 111; Matter of Kasiem H., 230 AD2d at 797). Rivera, J.E, Balkin, Hall and Cohen, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.