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In re D. Zuleyka

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 19, 2010

IN THE MATTER OF D. (ANONYMOUS), ZULEYKA.
ADMINISTRATION FOR CHILDREN'S SERVICES, ET AL., RESPONDENTS; AND DEXTER D. (ANONYMOUS), ET AL., APPELLANTS. (PROCEEDING NO. 1)
IN THE MATTER OF D. (ANONYMOUS), JALEYA ANN. ADMINISTRATION FOR CHILDREN'S SERVICES, ET AL., RESPONDENTS; AND DEXTER D. (ANONYMOUS), ET AL., APPELLANTS. (PROCEEDING NO. 2)
IN THE MATTER OF D. (ANONYMOUS), DERRICK. ADMINISTRATION FOR CHILDREN'S SERVICES, ET AL., RESPONDENTS; AND
DEXTER D. (ANONYMOUS), ET AL., APPELLANTS. (PROCEEDING NO. 3)
IN THE MATTER OF D. (ANONYMOUS), MAUREE, A/K/A NYREE D. ADMINISTRATION FOR CHILDREN'S SERVICES, ET AL., RESPONDENTS; AND DEXTER D. (ANONYMOUS), ET AL., APPELLANTS. (PROCEEDING NO. 4)
IN THE MATTER OF D. (ANONYMOUS), DEXTER ANTHONY, JR. ADMINISTRATION FOR CHILDREN'S SERVICES, ET AL., RESPONDENTS; AND DEXTER D. (ANONYMOUS), ET AL., APPELLANTS. (PROCEEDING NO. 5)

In five related proceedings pursuant to Social Services Law 384-b to terminate parental rights on the ground of permanent neglect, the parents separately appeal from an order of the Family Court, Kings County (Danoff, J.), dated September 8, 2008, which denied their motions to vacate five orders of fact-finding and disposition of the same court (one as to each child), each dated October 5, 2007, which, upon their default in appearing at the fact-finding and dispositional hearings, terminated their parental rights and transferred guardianship and custody of the subject children jointly to the Jewish Child Care Association of New York and the Commissioner of Social Services of the City of New York for the purpose of adoption. Assigned counsel for the mother has submitted a brief in accordance with Anders v California (386 US 738), in which he moves to be relieved of the assignment to prosecute her appeal.

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.

PETER B. SKELOS, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL PLUMMER E. LOTT, JJ.

DECISION & ORDER

ORDERED that the order dated September 8, 2008, is affirmed, without costs or disbursements.

We have reviewed the record and agree with assigned counsel for the mother that there are no non-frivolous issues which could be raised on appeal. Counsel's application for leave to withdraw as counsel is granted (see Anders v California, 386 US 738; Matter of Robert David L., 16 AD3d 508).

To vacate the order of fact-finding and disposition, the father was required to show that there was a reasonable excuse for his default and a meritorious defense (see Matter of Francisco R., 19 AD3d 502). The father did not make the requisite showing (see Matter of Cassidy Sue R., 58 AD3d 744).

The father's remaining contentions are either unpreserved for appellate review or without merit.

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

20100119

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