Won Affirmance On Behalf Of The Child To Order Determining That Father Was Only Entitled To Notice In This Termination Of Parental Rights Matter.
Matter of Noah I.T. (Argenis C.), 165 AD3d 581 (1st Dept 2018)
In a termination of parental rights proceeding where I represented the child on an appeal by the father, the First Department accepted my arguments that the rights of respondent, as a notice father, were limited to notice of the proceeding and an opportunity to be heard concerning the child’s best interests. The Court also accepted my argument that respondent’s argument that he was denied his right to be heard as to the best interests of the child at a separate dispositional hearing, is unavailing since the record shows that respondent received the required notice of the fact-finding hearing on the termination of parental rights petition, but failed to testify or present any evidence and furthermore, given the court’s alternate finding that respondent abandoned the child, the decision as to whether to conduct a dispositional hearing rested within the sound discretion of the court; such a hearing is not required.