Opinion
1326
June 5, 2003.
Order of disposition, Family Court, Bronx County (Maureen McLeod, J.), entered on or about February 19, 2002, which, upon a fact-finding determination of permanent neglect, terminated respondent's parental rights with respect to the subject child, and awarded custody and guardianship of the child to petitioner agency and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.
Rachel Wertheimer, for Carisma H.
Randall Carmel, for respondent-appellant.
Joseph T. Gatti, for petitioner-respondent.
Before: Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ.
Clear and convincing evidence established that respondent permanently neglected the subject child by failing during the statutorily relevant time period to maintain contact with her or to plan for her future (see Social Services Law § 384-b[a]; Matter of Star Leslie W., 63 N.Y.2d 136, 142-143). That respondent was incarcerated did not relieve him of his obligation to maintain contact with his child (see Matter of Delores B., 141 A.D.2d 100, 105-106, affd 74 N.Y.2d 77), and in view of respondent's failure for a period in excess of six months to keep the agency apprised of his whereabouts, the agency's obligation to exercise diligent efforts to encourage and strengthen the parental relationship was excused (see Social Services Law § 384-b[e]; see also Matter of Tiffany A., 295 A.D.2d 288). The court's determination that termination of respondent's parental rights so as to facilitate the adoptive process would be in the child's best interest was supported by the requisite preponderance of the evidence (see Matter of Marquis M., 304 A.D.2d 399; 756 N.Y.S.2d 851). There exists no basis to conclude that a suspended judgment would serve the child's interests in any way.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.