Matter of Davis v. ACS-Kings

Summary

The Appellate Division, Second Department, affirmed an order dismissing custody petitions without a hearing. It held that the petitioner, whose parental rights had been terminated and whose children had been adopted, lacked standing to seek custody and therefore could not establish potentially meritorious proceedings warranting an extension of time for service under CPLR 306-b.

Holdings

1. The interest-of-justice standard permits an extension of time for service when appropriate, but the determination is discretionary and may consider diligence, the expiration of the statute of limitations, the potential merit of the proceeding, the length of delay, the promptness of the extension request, and prejudice to the respondent.
2. A biological parent whose parental rights were terminated and whose children were adopted lacks standing, even as a biological parent, to seek custody of those children.
3. The Family Court properly dismissed the custody petitions without a hearing because the petitioner lacked standing and failed to establish potentially meritorious proceedings.

Questions Presented

1. Whether the Family Court properly declined to extend the time for service of the custody petitions in the interest of justice under CPLR 306-b.
2. Whether the petitioner had standing to seek custody of children whose adoption followed termination of his parental rights.
3. Whether the Family Court properly dismissed the custody petitions without a hearing because the petitioner could not demonstrate potentially meritorious proceedings.

Disposition

affirmed