Legal Opinion

In re Carmine A.B.

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 2012Published

1Opinion of the Court

*712Since the mother did not appear at the dispositional hearing, those portions of the order which terminated the mother’s parental rights and freed the subject children for adoption were entered upon her default and are not appealable (see Matter of Amber Megan D., 54 AD3d 338 [2008]; Matter of Joseph Kenneth B., 47 AD3d 809 [2008]; Matter of Jessica Dee D., 6 AD3d 435 [2004]). However, because the mother was present by telephone at the fact-finding hearing, she may appeal from those portions of the order which found that she permanently neglected the subject children (see Matter of Amber Megan…

2Cases cited10 opinions

  1. In Re the Guardianship of Star Leslie W.New York Court of Appeals · 1984
  2. In re Leon RRNew York Court of Appeals · 1979
  3. Matter of NathanielNew York Court of Appeals · 1986
  4. In re Walter D.H.Appellate Division of the Supreme Court of the State of New York · 2012
  5. In re Jonathan P.Appellate Division of the Supreme Court of the State of New York · 2001

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