Opinion
2013-04-10
In the Matter of ALICIA M.L. (Anonymous). Administration for Children's Services, et al., respondents; Karen L. (Anonymous), appellant.
Jessica Sin, Little Neck, N.Y., for appellant. Magovern & Sclafani, New York, N.Y. (Joanna M. Roberson of counsel), for respondent St. Vincent's Services, Inc.
Jessica Sin, Little Neck, N.Y., for appellant. Magovern & Sclafani, New York, N.Y. (Joanna M. Roberson of counsel), for respondent St. Vincent's Services, Inc.
Seymour Zager, White Plains, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384–b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of fact-*808finding and disposition of the Family Court, Queens County (Arias, J.), dated March 23, 2012, which, upon her admission that she permanently neglected the subject child, and after a dispositional hearing, terminated her parental rights and transferred guardianship and custody of the subject child to the Commissioner of Social Services of the City of New York and St. Vincent's Services, Inc., for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.
Under the circumstances of this case, the Family Court properly determined that the best interests of the subject child would be served by terminating the mother's parental rights and freeing the child for adoption by her foster mother ( seeFamily Ct. Act § 631). A suspended judgment was not warranted in this instance, despite the mother's recent progress and efforts to plan for the child's future, because the child has bonded with her foster mother, who has competently and consistently provided for her specialized needs since she was three months old, and it is not in the child's best interests to prolong the uncertainty of foster care ( see Matter of Ty–Wan Jayden H. [ Lashanda Odessa V.], 95 A.D.3d 1324, 944 N.Y.S.2d 921;Matter of Walter D.H. [ Zaire L.], 91 A.D.3d 950, 951, 938 N.Y.S.2d 567;Matter of Jonathan B. [ Linda S.], 84 A.D.3d 1078, 923 N.Y.S.2d 638;Matter of Angelica W. [ Dorothy W.], 80 A.D.3d 772, 773, 915 N.Y.S.2d 609).
Contrary to the mother's contention, the Family Court did not err in failing to appoint new counsel to represent her ( see Matter of Tajani B., 49 A.D.3d 876, 877, 854 N.Y.S.2d 518;Matter of Moore v. McClenos, 259 A.D.2d 752, 687 N.Y.S.2d 402;see also Matter of Biskupski v. McClellan, 278 A.D.2d 912, 718 N.Y.S.2d 772;Matter of Mooney v. Mooney, 243 A.D.2d 840, 663 N.Y.S.2d 676).