Opinion
1008 CAF 13-00423.
10-03-2014
In the Matter of TALEEYA M. Cayuga County Department of Health and Human Services, Petitioner–Respondent; Ranesha S., Respondent–Appellant.
Williams Heinl Moody Buschman P.C., Auburn (Mario J. Gutierrez of Counsel), for Respondent–Appellant. Frederick R. Westphal, County Attorney, Auburn (Diane K. Donnelly of Counsel), for Petitioner–Respondent. Susan James, Attorney for the Child, Waterloo.
Williams Heinl Moody Buschman P.C., Auburn (Mario J. Gutierrez of Counsel), for Respondent–Appellant.
Frederick R. Westphal, County Attorney, Auburn (Diane K. Donnelly of Counsel), for Petitioner–Respondent.
Susan James, Attorney for the Child, Waterloo.
PRESENT: CENTRA, J.P., FAHEY, WHALEN, and DeJOSEPH, JJ.
Opinion
MEMORANDUM:Respondent mother appeals from an order terminating her parental rights with respect to her daughter on the ground of permanent neglect. The mother stipulated to the finding of permanent neglect, but we reject petitioner's contention that she thereby waived her right to appeal Family Court's determination terminating her parental rights (cf. Matter of Edelyn S., 62 A.D.3d 713, 713, 877 N.Y.S.2d 900 ; see generally Family Ct. Act § 1112 ). In any event, the evidence supports the court's determination that termination of the mother's parental rights is in the best interests of the child (see Matter of Alexander M. [Michael A.M.], 106 A.D.3d 1524, 1525, 964 N.Y.S.2d 445 ). The mother's short-term progress in her service plan “ ‘was not sufficient to warrant any further prolongation of the child's unsettled familial status' ” (id. at 1525, 964 N.Y.S.2d 445 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.