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In re Jessenia Shanelle R.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 17, 2009

IN RE JESSENIA SHANELLE R., AND OTHERS, DEPENDENT CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND WANDA Y. A., ETC., RESPONDENT-APPELLANT,
v.
CATHOLIC GUARDIAN SOCIETY AND HOME BUREAU, PETITIONER-RESPONDENT.

Appeal from orders of disposition, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about March 16, 2009, which, upon respondent-appellant's default, terminated her parental rights to the subject children, and committed custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for purposes of adoption, unanimously dismissed, without costs.

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.

Gonzalez, P.J., Mazzarelli, Nardelli, Acosta, RomÁn, JJ.

No appeal lies from the orders of disposition, as they were entered upon appellant's default in appearing at the fact-finding and dispositional hearings (CPLR 5511; Matter of Jessica Lee D., 44 AD3d 327 [2007]).

The application of appellant's assigned appellate counsel for leave to withdraw as counsel is granted, as there are no non-frivolous issues that could be raised on appeal (Matter of Martha P., 46 AD3d 830 [2007]). Appellate counsel represents that he spoke to appellant's Family Court attorney and encouraged him to contact appellant to see if she wished to move to vacate her default, and that the Family Court attorney informed appellate counsel that he had lost all contact with appellant. It also appears that appellate counsel wrote to appellant advising her of his opinion that there are no viable appellate issues and of her right to file a pro se supplemental brief, but appellant has not taken advantage of that opportunity. M-5135In re Jessenia Shanelle R., and Others Motion seeking poor person relief and assignment of counsel denied.

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

20091217

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