Opinion
Argued October 22, 1999
December 2, 1999
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother and the father separately appeal from an order of disposition of the Family Court, Kings County (Rivera, J.), dated November 25, 1997, which, after a hearing, terminated their parental rights to their children Jeremiah, Shamale, and Elijah and transferred guardianship and custody of the children to the Commissioner of Social Services of the City of New York and Little Flower Children's Services for the purpose of adoption.
Matthew M. Lupoli, Flushing, N.Y., for appellant Rita R. (Anonymous).
Edward E. Caesar, Brooklyn, N.Y., for appellant Larry B. (Anonymous).
Carrieri Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri and Joseph R. Carrieri of counsel), for respondent Little Flower Children's Services.
Monica Drinane, New York, N.Y. (Tracy Yosten of counsel), Law Guardian for the children.
FRED T. SANTUCCI, J.P., THOMAS R. SULLIVAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
In this proceeding to terminate parental rights based on permanent neglect, the petitioner agency established by clear and convincing evidence that it exercised diligent efforts to strengthen the relationship between the parents and the subject children (see,Matter of Star Leslie W., 63 N.Y.2d 136, 140 ; Matter of Sheila G., 61 N.Y.2d 368 ), but that the parents failed to adequately plan for the children's future (see, Social Services Law § 384-b[7][a], [f]; Matter of Gregory B., 74 N.Y.2d 77 ; Matter of Alicia Shante H., 245 A.D.2d 509 ). The paramount concern at a dispositional hearing is the best interests of the child (see, Matter of Star Leslie W., 63 N.Y.2d 136, 147 ; Matter of Commissioner of Social Servs. of City of N Y v. Leona W., 192 A.D.2d 602, 603 ). Here, there is ample evidence that the best interests of the subject children would be served by freeing them for adoption by the foster parent and not subjecting them to the potential harm that could result from their being returned to their parents (see, Matter of Sylvia Esther O., 253 A.D.2d 465 ).
SANTUCCI, J.P., SULLIVAN, FLORIO, and SCHMIDT, JJ., concur.