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Gabriel Anthony McC. v. Marianne Theresa McC.

Supreme Court, Appellate Division, First Department, New York.
Jun 4, 2015
129 A.D.3d 452 (N.Y. App. Div. 2015)

Opinion

15309A, 15309

06-04-2015

In re GABRIEL ANTHONY McC., and Another, Children Under the Age of Eighteen Years, etc., Marianne Theresa McC., also known as Marianne Theresa T., Respondent–Appellant, Leake and Watts Services, Inc., Petitioner–Respondent.

Kenneth M. Tuccillo, Hastings on Hudson, for appellant. James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for respondent. Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), attorney for the children.


Kenneth M. Tuccillo, Hastings on Hudson, for appellant.

James M. Abramson, PLLC, New York (Dawn M. Orsatti of counsel), for respondent.

Law Office of Thomas R. Villecco, P.C., Jericho (Thomas R. Villecco of counsel), attorney for the children.

TOM, J.P., SWEENY, MOSKOWITZ, DeGRASSE, RICHTER, JJ.

Opinion

Orders of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about April 7, 2014, to the extent they bring up for review a fact-finding order, same court and Judge, entered on or about March 6, 2014, which found that respondent mother had permanently neglected the subject children, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence of the mother's failure to plan for the future of the subject children, despite petitioner agency's diligent efforts to strengthen the parental relationship (see Social Services Law § 384–b[7] ). The record shows that the agency assigned a housing specialist to the mother, assisted her in her search for appropriate housing for the family, and scheduled regular visitation (see Matter of Precious W. [Carol R.], 70 A.D.3d 486, 486–487, 897 N.Y.S.2d 9 [1st Dept.2010] ). Although the mother periodically visited the children, she failed to obtain suitable housing, which was the only requirement left before she could assume custodial parenting responsibilities (see Matter of Jonathan Jose T., 44 A.D.3d 508, 509, 843 N.Y.S.2d 326 [1st Dept.2007] ).

We have considered the mother's remaining contentions and find them unavailing.


Summaries of

Gabriel Anthony McC. v. Marianne Theresa McC.

Supreme Court, Appellate Division, First Department, New York.
Jun 4, 2015
129 A.D.3d 452 (N.Y. App. Div. 2015)
Case details for

Gabriel Anthony McC. v. Marianne Theresa McC.

Case Details

Full title:In re Gabriel Anthony McC., and Another, Children Under the Age of…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Jun 4, 2015

Citations

129 A.D.3d 452 (N.Y. App. Div. 2015)
129 A.D.3d 452
2015 N.Y. Slip Op. 4745