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Matter of Lynn

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 974 (N.Y. App. Div. 1995)

Opinion

July 14, 1995

Appeal from the Niagara County Family Court, Crapsi, J.

Present — Lawton, J.P., Fallon, Wesley, Callahan and Doerr, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court properly concluded that petitioner satisfied its threshold burden of establishing that it fulfilled its statutory duty to exercise "diligent efforts" to reunite respondent with her child (Social Services Law § 384-b [a]). Petitioner assisted respondent with programs providing treatment and counseling with respect to respondent's admitted problem with alcoholism; assisted respondent with counseling programs to improve her parenting skills and arranged for transportation to those programs; scheduled supervised visitation with the child and arranged for transportation for the visitation; and assisted respondent in obtaining an apartment ( see, Matter of Regina M.C., 139 A.D.2d 929). Thus, there is clear and convincing evidence that petitioner fulfilled its statutory duty to exercise "diligent efforts" to strengthen the parent-child relationship and to reunite the family (Social Services Law § 384-b [a], [f]; see, Matter of Sheila G., 61 N.Y.2d 368).

The court did not err in conducting a dispositional hearing in the absence of respondent. The record establishes that respondent was represented at the dispositional hearing by counsel and that the court made a sufficient inquiry whether respondent was aware of the nature and ramifications of the proceedings, and also ascertained that neither respondent nor her counsel was seeking an adjournment before proceeding in respondent's absence.


Summaries of

Matter of Lynn

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 974 (N.Y. App. Div. 1995)
Case details for

Matter of Lynn

Case Details

Full title:In the Matter of AMY LYNN T., a Child Alleged to be Permanently Neglected…

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

Date published: Jul 14, 1995

Citations

217 A.D.2d 974 (N.Y. App. Div. 1995)
629 N.Y.S.2d 910

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