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Forestdale, Inc. v. S (In re Vict. S.N.)

Supreme Court, Appellate Division, Second Department, New York.
Jan 13, 2016
135 A.D.3d 765 (N.Y. App. Div. 2016)

Opinion

2014-10023 Docket No. B-4216-13.

01-13-2016

In the Matter of VICTORIA S.N. (Anonymous), etc. Forestdale, Inc., et al., respondents; Porsha N. (Anonymous), appellant.

Linda C. Braunsberg, Staten Island, N.Y., for appellant. Rosin Steinhagen Mendel, New York, N.Y. (Douglas H. Reiniger of counsel), for respondent Forestdale, Inc. Lesley J. Lanoix, Jamaica, N.Y., attorney for the child.


Linda C. Braunsberg, Staten Island, N.Y., for appellant.

Rosin Steinhagen Mendel, New York, N.Y. (Douglas H. Reiniger of counsel), for respondent Forestdale, Inc.

Lesley J. Lanoix, Jamaica, N.Y., attorney for the child.

Opinion

Appeal from an order of fact-finding and disposition of the Family Court, Queens County (Carol A. Stokinger, J.), dated September 15, 2014. The order, after a hearing, found that the mother abandoned the subject child, terminated her parental rights, and transferred custody and guardianship of the child to the Commissioner of the Administration for Children's Services of the City of New York and Forestdale, Inc., for the purpose of adoption.

ORDERED that the order of fact-finding and disposition is affirmed, without costs or disbursements.

This proceeding was commenced to terminate the mother's parental rights. After a hearing, the Family Court issued an order of fact-finding and disposition finding that the mother abandoned the subject child, terminating her parental rights, and transferring custody and guardianship of the child to the Commissioner of the Administration for Children's Services of the City of New York and Forestdale, Inc., for the purpose of adoption. The mother appeals.

The evidence adduced at the hearing established, by clear and convincing evidence, that the mother abandoned the subject child because she had no contact with the child, the petitioner agency, or the foster home where the child had been placed, during the six-month period immediately prior to the filing of the petition (see Social Services Law § 384–b4[b]; Matter of Keymani R.J. [Shakima J.], 95 A.D.3d 1213, 945 N.Y.S.2d 142; Matter of Amaru M. [Kizwana M.], 87 A.D.3d 1069, 929 N.Y.S.2d 764; Matter of Robert A.G., 62 A.D.3d 701, 879 N.Y.S.2d 496; Matter of Dallas Keith M., 55 A.D.3d 612, 865 N.Y.S.2d 623; Matter of Jamar Terry N., 46 A.D.3d 563, 846 N.Y.S.2d 631). Furthermore, under the circumstances of this case, the Family Court properly concluded that it was in the best interests of the child to terminate the mother's parental rights (see Matter of Jessie Skyler D. [Donna S.], 88 A.D.3d 703, 704, 930 N.Y.S.2d 464; Matter of Andrea B., 66 A.D.3d 770, 771, 887 N.Y.S.2d 213; Matter of Lillian D.L., 29 A.D.3d 583, 584, 813 N.Y.S.2d 784).

The mother's remaining contentions are without merit.


Summaries of

Forestdale, Inc. v. S (In re Vict. S.N.)

Supreme Court, Appellate Division, Second Department, New York.
Jan 13, 2016
135 A.D.3d 765 (N.Y. App. Div. 2016)
Case details for

Forestdale, Inc. v. S (In re Vict. S.N.)

Case Details

Full title:In the Matter of VICTORIA S.N. (Anonymous), etc. Forestdale, Inc., et al.…

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

Date published: Jan 13, 2016

Citations

135 A.D.3d 765 (N.Y. App. Div. 2016)
24 N.Y.S.3d 332
2016 N.Y. Slip Op. 194

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