Matter of Anaya Michelle L. (Ronald Shamel L.), 2011 NY Slip Op 08798 [90 AD3d 432]

Dcmbr 6, 2011

Appellate Division, First Department

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Michael S. Bromberg, Sag Harbor, for appellant.

Law Offices of James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for respondent.

Law Offices of Ava G. Gutfriend, Bronx (Ava G. Gutfriend of counsel), attorney for the child.

Order of disposition, Family Court, Bronx County (Carol Ann Stokinger, J.), entered on or about January 5, 2010, which, upon a fact-finding determination of permanent neglect made at inquest upon respondent father’s default, terminated the father’s parental rights to the subject child and committed custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children’s Services for the purpose of adoption, unanimously affirmed, without costs.

The record reflects that respondent received meaningful representation from his counsel throughout the proceedings. Moreover, respondent has failed to show that his counsel’s performance was deficient and that the deficiency prejudiced him ( People v Benevento , 91 NY2d 708, 712-713 [1998]; Matter of Aaron Tyrell W. , 58 AD3d 419 [2009]). Although respondent’s counsel was not present for the fact-finding hearing, he excused himself only after the court denied his request for an adjournment due to respondent’s failure to appear. Respondent has not presented any excuse, let alone a reasonable excuse, for his default or a meritorious defense ( Matter of Nikeerah S. [Barbara S.] , 69 AD3d 421 [2010]). Concur—Mazzarelli, J.P., Friedman, Catterson, Renwick and DeGrasse, JJ..