Constitutional Law · MBE-tested
In the Matter of Derrick T. M., Jr., an Infant. Monroe County Department of Social Services, Respondent; Derrick M., Appellant
286 A.D.2d 938730 N.Y.S.2d 756·New York Supreme Court, Appellate Division·2001·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In the Matter of Derrick T. M., Jr., an Infant. Monroe County Department of Social Services, Respondent; Derrick M., Appellant.
[730 NYS2d 756]
[MAJORITY]
—Order unanimously affirmed without costs. Memorandum: On appeal from an order finding that respondent abandoned his child and terminating his parental rights on that basis (see, Social Services Law § 384-b [4] [b]; [5]), respondent contends that he was denied procedural due process because he was not afforded the opportunity to participate meaningfully in the proceeding. Respondent’s contention is unpreserved for our review (see, Matter of Jennifer WW., 274 AD2d 778, 779, lv denied 95 NY2d 764; Matter of Rasyn W., 270 AD2d 938, lv denied 95 NY2d 766; Matter of Derrick T., 261 AD2d 108, 109; Matter of Brian QQ., 166 AD2d 749, 750; see also, Matter of Ramon C., 261 AD2d 205; Matter of Michael Dennis C., 121 AD2d 535, 535-536, lv denied 68 NY2d 611). (Appeal from Order of Monroe County Family Court, Taddeo, J. — Terminate Parental Rights.) Present — Green, J. P., Scudder, Kehoe, Gorski and Lawton, JJ.