DocketNumber: Appeal No. 1
Citation Numbers: 134 A.D.3d 1574, 21 N.Y.S.3d 917
Filed Date: 12/31/2015
Status: Precedential
Modified Date: 10/19/2024
Appeals from an order of the Family Court, Onondaga County (Michael L. Hanuszczak, J.), entered May 28, 2014 in a proceeding pursuant to Family Court Act article 6 and Social Services Law § 384-b. The order, among other things, terminated respondents’ parental rights.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: In appeal No. 1, respondents appeal from an order in a proceeding pursuant to Family Court Act article 6 and Social Services Law § 384-b that terminated their parental rights with respect to their child. In appeal No. 2, respondent mother appeals from an order in a similar proceeding terminating her parental rights with respect to another child.
Contrary to the contentions of respondents in both appeals, Family Court properly terminated their parental rights with respect to their child in appeal No. 1, and the mother’s child in appeal No. 2, on the ground of permanent neglect. Respon
Respondent father further contends in appeal No. 1 that, because the children had different parentage, they had different interests, thereby creating a conflict of interest for the Attorney for the Children (AFC), who represented both children at the same hearing. The father failed to preserve that contention for our review “inasmuch as [ ]he made no motion to remove the AFC” (Matter of Swinson v Dobson, 101 AD3d 1686, 1687 [2012], lv denied 20 NY3d 862 [2013]; see Matter of Ordona v Cothern, 126 AD3d 1544, 1546 [2015]; see generally Matter of Nelissa O. v Danny C., 70 AD3d 572, 573 [2010]). Present — Smith, J.P., Peradotto, Lindley, Whalen and DeJoseph, JJ.