From Casetext: Smarter Legal Research

In re Ziana Patricia D

Appellate Division of the Supreme Court of New York, First Department
Mar 15, 2001
281 A.D.2d 241 (N.Y. App. Div. 2001)

Opinion

March 15, 2001.

Order, Family Court, Bronx County (Marjory Fields, J.), entered on or about February 23, 1999, which, upon a fact-finding determination of permanent neglect against respondent father, terminated his parental rights with respect to the subject child and transferred custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.

Rosemarie M. Rodman, for respondent-appellant.

Andrea Peyser, for petitioner-respondent.

Before: Sullivan, P.J., Rosenberger, Williams, Mazzarelli, Friedman, JJ.


The finding of permanent neglect is supported by clear and convincing evidence that respondent, during the statutorily relevant time period, failed to maintain substantial contact with his daughter and failed to plan for her future, despite petitioner agency's diligent efforts to assist him in meeting his parental obligations (Social Services Law § 384-b(7)(a); see, Matter of Star Leslie W., 63 N.Y.2d 136). The only plan offered by respondent for his daughter was for her to live with his mother. Respondent's mother, however, refused to take the child and never contacted her (see, Matter of Charles Frederick Eugene M., 171 A.D.2d 343, 347, appeal dismissed 79 N.Y.2d 977). Family Court's determination that freeing the child for adoption by the foster family with whom she has lived since infancy was in the child's best interests is supported by a fair preponderance of the evidence (see,Matter of Joseph Jerome H., 224 A.D.2d 224).


Summaries of

In re Ziana Patricia D

Appellate Division of the Supreme Court of New York, First Department
Mar 15, 2001
281 A.D.2d 241 (N.Y. App. Div. 2001)
Case details for

In re Ziana Patricia D

Case Details

Full title:IN RE CUSTODY AND GUARDIANSHIP OF ZIANA PATRICIA D., ETC., SUSAN CLEMENT A…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 15, 2001

Citations

281 A.D.2d 241 (N.Y. App. Div. 2001)
721 N.Y.S.2d 657