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In re Aribelys N.

Supreme Court of New York, First Department

May 28, 2013

In re Aribelys N., and Another, Dependent Children Under Eighteen Years of Age, etc., and Rafael N., Respondent-Appellant, Abbott House, Petitioner-Respondent.

Kenneth M. Tuccillo, Hastings on Hudson, for appellant.

Magovern & Sclafani, New York (Joanna M. Roberson of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.

Mazzarelli, J.P., Andrias, DeGrasse, Freedman, Manzanet-Daniels, JJ.

Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about April 30, 2012, which, insofar as appealed from as limited by the briefs, found that respondent father's consent is not required for the adoption of the subject children, unanimously affirmed, without costs.

The father failed to demonstrate that he provided the children with fair and reasonable financial support, according to his means. Therefore, he failed to satisfy the requirements of

Domestic Relations Law § 111(1)(d) (see Matter of Cassandra Tammy S. [Babbah S.], 89 A.D.3d 540, 540 [1st Dept 2011]; see generally Matter of Dominique P., 24 A.D.3d 335 [1st Dept 2005], lv denied 6 N.Y.3d 712 [2006]).

The father's constitutional challenges to the statutes providing for notice and consent of an unwed father are unpreserved for our review, and we decline to reach them in the interest of justice (see Matter of Jayden C. [Michelle R.], 82 A.D.3d 674, 675 [1st Dept 2011]). As an alternative holding, we reject them on the merits.


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