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In re Christoper H

Appellate Division of the Supreme Court of New York, First Department
Dec 28, 2000
278 A.D.2d 167 (N.Y. App. Div. 2000)

Opinion

December 28, 2000.

Orders of disposition, Family Court, New York County (Rhoda Cohen, J.), entered on or about April 22, 1999, insofar as appealed from, terminating respondent-appellant's parental rights to the subject children and awarding their custody and guardianship to the Commissioner of Social Services and petitioner agency for purposes of adoption, upon a fact-finding determination of permanent neglect, unanimously affirmed, without costs.

Raymond E. Rogers and Dora M. Lassinger, for respondent-appellant.

Ralph R. Carrieri, for petitioner-respondent.

Before: Rosenberger, J.P., Nardelli, Williams, Mazzarelli, Friedman, JJ.


Clear and convincing evidence, namely, the testimony of petitioner's caseworker, supports the finding that appellant, although able to do so, failed to maintain substantial and continuous contact with and to plan for the future of the children for more than a year preceding the filing of the instant petitions. That same testimony also supports the finding that diligent efforts by petitioner to encourage respondent's parental relationship with the children were frustrated by his uncooperativeness in failing to establish paternity legally, failing to attend planning meetings at the agency, and failing to attend all but two of 37 scheduled visits during the relevant year and failing to pursue a plan for day visits with the children in his home (see, Matter of O. Children, 128 A.D.2d 460). No basis exists to disturb Family Court's findings crediting the caseworker's testimony over that of petitioner. The best interests of the children, who have been living together in a loving foster home for a period of six to eight years, require that they be freed for adoption.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Christoper H

Appellate Division of the Supreme Court of New York, First Department
Dec 28, 2000
278 A.D.2d 167 (N.Y. App. Div. 2000)
Case details for

In re Christoper H

Case Details

Full title:IN RE CHRISTOPER H., ETC., ET AL., DEPENDENT CHILDREN UNDER THE AGE OF 18…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 28, 2000

Citations

278 A.D.2d 167 (N.Y. App. Div. 2000)
719 N.Y.S.2d 13