New York Supreme and/or Appellate Courts Appellate Division, First Department
March 8, 2012
IN RE SERENITY CELENE M., ETC., A CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND ROY ENRIQUE M., RESPONDENT-APPELLANT, ABBOTT HOUSE, PETITIONER-RESPONDENT.
Matter of Matter of Serenity Celene M. (Roy Enrique M.)
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.
Decided on March 8, 2012
Saxe, J.P., Sweeny, Renwick, DeGrasse, Richter, JJ.
Appeal from order of fact-finding and disposition, Family Court, Bronx County (Fernando Silva, J.), entered on or about June 3, 2011, which, among other things, upon a finding of permanent neglect, terminated respondent father's parental rights to the subject child and committed the child's custody and guardianship to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously dismissed, without costs, and the motion to relieve assigned counsel granted.
Upon our review of respondent's assigned counsel's motion and the record, we agree that the subject order is non-appealable since it was entered following respondent's default at both the fact-finding and dispositional hearings (Matter of Zoraida Marie C., 66 AD3d 486 ). In any event, there are no non-frivolous issues that could be raised on appeal (id.; Anders v California, 386 US 738 ; People v Saunders, 52 AD2d 833 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 8, 2012
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