Opinion
2012-05-30
In the Matter of ANTHONY L. (Anonymous). Suffolk County Department of Social Services, respondent; Anthony C. (Anonymous), et al., appellants. (Proceeding No. 1). In the Matter of Dominick L. (Anonymous). Suffolk County Department of Social Services, respondent; Anthony C. (Anonymous), et al., appellants. (Proceeding No. 2). In the Matter of Vincent L. (Anonymous). Suffolk County Department of Social Services, respondent; Anthony C. (Anonymous), et al., appellants. (Proceeding No. 3). In the Matter of Gianna L. (Anonymous). Suffolk County Department of Social Services, respondent; Anthony C. (Anonymous), et al., appellants. (Proceeding No. 4).
Susan A. DeNatale, Mastic, N.Y., for appellant Anthony C. Anna Martin, East Moriches, N.Y., for appellant Christina L.
Susan A. DeNatale, Mastic, N.Y., for appellant Anthony C. Anna Martin, East Moriches, N.Y., for appellant Christina L.
Dennis M. Cohen, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), for respondent.
Robert M. Garcia, Central Islip, N.Y., attorney for the children.
In related proceedings pursuant to Social Services Law § 384–b to terminate parental rights on the ground of permanent neglect, the mother appeals, as limited by her brief, from so much of an order of fact-finding and disposition of the Family Court, Suffolk County (Freundlich, J.), dated February 17, 2011, as, after a fact-finding and dispositional hearing, found that she permanently neglected the subject children, terminated her parental rights, and transferred custody and guardianship of the children to the Suffolk County Department of Social Services for the purpose of adoption, and the father separately appeals, as limited by his brief, from so much of the order of fact-finding and disposition as found that he permanently neglected the children Anthony, Dominick, and Vincent, terminated his parental rights, and transferred custody and guardianship of those children to the Suffolk County Department of Social Services for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed, insofar as appealed from, without costs or disbursements.
The evidence adduced at the hearing established by clear and convincing proof that, for a period of one year following the subject children's placement with the petitioner, the appellants failed to plan for the future of the children, although physically and financially able to do so, notwithstanding the petitioner's diligent efforts to encourage and strengthen the parental relationships ( seeSocial Services Law § 384–b[7][a]; Family Ct. Act § 622; Matter of Star Leslie W., 63 N.Y.2d 136, 142, 481 N.Y.S.2d 26, 470 N.E.2d 824). Further, termination of the appellants' parental rights was in the best interests of the children ( seeFamily Ct. Act § 631; Matter of Shaolin E.P. [ Jettris P.], 91 A.D.3d 954, 955, 937 N.Y.S.2d 598;Matter of Peter C., Jr. [ Peter C.], 88 A.D.3d 702, 703, 930 N.Y.S.2d 264;Matter of Angelica W. [ Dorothy W.], 80 A.D.3d 772, 773, 915 N.Y.S.2d 609).
The parties' remaining contentions are without merit.