In re Ariel C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Respondent erroneously appealed from the fact-finding order rather than the order of disposition. We exercise our discretion to disregard that mistake (see, CPLR 5520 [c]) and deem the appeal to have been taken from the order of disposition (see, Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988).
We reject the contention of respondent that petitioner failed to establish by clear and convincing evidence that he failed to communicate either with his children or petitioner for the six-month period before the filing of the abandonment…
2Cases cited8 opinions
- Hughes v. NussbaumerAppellate Division of the Supreme Court of the State of New York · 1988
- Matter of O.New York Court of Appeals · 1975
- Paul C. v. Tracy C.Appellate Division of the Supreme Court of the State of New York · 1994
- In re Jasmine T.Appellate Division of the Supreme Court of the State of New York · 1990
- In re Clarence C.Appellate Division of the Supreme Court of the State of New York · 1995
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3Cited by13 opinions
- Danielle S. v. Larry R.S.Appellate Division of the Supreme Court of the State of New York · 2007
- In re Charles U.Appellate Division of the Supreme Court of the State of New York · 1998
- In re Anthony T.Appellate Division of the Supreme Court of the State of New York · 2006
- In re Lindsey B.Appellate Division of the Supreme Court of the State of New York · 2005
- In re Rosalinda R.Appellate Division of the Supreme Court of the State of New York · 2005
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