IN RE JAYVON JOSE R., ETC., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., FRANCISCO S., res-ap, SAINT DOMINIC'S HOME, pet-res

4808. IN RE JAYVON JOSE R., ETC., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., FRANCISCO S., res-ap, SAINT DOMINIC'S HOME, pet-res — __ Law Office of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for ap — Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (CLAIRE v. MERKINE OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about January 28, 2016, insofar as it found, after a hearing, that respondent's consent was not required for the subject child's adoption, and, in the alternative, that he abandoned the child, and terminated his parental rights, unanimously affirmed, without costs.

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4808. IN RE JAYVON JOSE R., ETC., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., FRANCISCO S., res-ap, SAINT DOMINIC’S HOME, pet-res — __ Law Office of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for ap — Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (CLAIRE v. MERKINE OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about January 28, 2016, insofar as it found, after a hearing, that respondent’s consent was not required for the subject child’s adoption, and, in the alternative, that he abandoned the child, and terminated his parental rights, unanimously affirmed, without costs.

Clear and convincing evidence supports the finding that respondent’s consent for the child’s adoption was not required (Matter of Jamize G., 40 AD3d 543, 544 [1st Dept 2007], lv denied 9 NY3d 808 [2007]). Respondent’s testimony that he paid child support between July 11, 2007 and 2010 pursuant to an order was insufficient to show that he was a source of consistent support for the child, because he also testified that he did not pay support between 2012 and the June 18, 2014 petition (see Matter of Javon Reginald G. [Everton Reginald G.], 89 AD3d 456, 457 [1st Dept 2011]; Matter of Tyshawn Jaraind C., 33 AD3d 488 [1st Dept 2006]).

IN RE JAYVON JOSE R., ETC., A DEPENDENT CHILD UNDER EIGHTEEN YEARS OF AGE, ETC., FRANCISCO S., res-ap, SAINT DOMINIC'S HOME, pet-res

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