Opinion
2014-05-13
In re MALE R., etc., and Others, Dependent Children Under the Age of Eighteen Years, etc., Patricia R., Respondent–Appellant, St. Vincent's Services, Inc., Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Magovern & Sclafani, Mineola (Joanna M. Roberson of counsel), for respondent.
Steven N. Feinman, White Plains, for appellant. Magovern & Sclafani, Mineola (Joanna M. Roberson of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Patricia S. Colella of counsel), attorney for the children.
SWEENY, J.P., RENWICK, SAXE, FREEDMAN, RICHTER, JJ.
Order, Family Court, Bronx County (Sarah P. Cooper, J.), entered on or about October 18, 2012, which, insofar as appealed from as limited by the briefs, terminated respondent mother's parental rights and transferred the custody and guardianship of the subject male children to petitioner agency and the Commissioner of the Department of Social Services for the purpose of adoption, unanimously affirmed, without costs.
A preponderance of the evidence at the dispositional hearing supported the determination that the best interests of the subject male children would be served by terminating the mother's parental rights so the children may be adopted by their foster mother, with whom they have bonded and thrived ( see Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984];Matter of Shaka Efion C., 207 A.D.2d 740, 616 N.Y.S.2d 620 [1st Dept.1994] ). Although the mother was issued a suspended judgment on consent with regard to her daughter, the same disposition is not warranted with respect to the male children who, unlike the daughter, have been living in a stable home since placement. The mother has failed to comply with her service plan, and it is not in the best interests of the male children to wait any longer for the mother to gain the ability to fulfill her parental obligations ( see Matter of Michael B., 80 N.Y.2d 299, 311, 590 N.Y.S.2d 60, 604 N.E.2d 122 [1992];Matter of Janell J. [Shanequa J.], 88 A.D.3d 512, 930 N.Y.S.2d 196 [1st Dept.2011] ).