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In re Darryl

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 2008
50 A.D.3d 252 (N.Y. App. Div. 2008)

Opinion

No. 3212.

April 1, 2008.

Order, Family Court, New York County (Sara P. Schechter, J.), entered on or about May 2, 2007, which, to the extent appealed from, after a fact-finding hearing wherein it was determined that respondent father had permanently neglected the child, terminated his parental rights to the child and transferred custody and guardianship to the New York City Commissioner of Social Services and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.

Louise Belulovich, New York, for appellant.

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

Tamara A. Steckler, The Legal Aid Society, New York (Claire V. Merkine of counsel), Law Guardian.

Before: Lippman, P.J., Tom, Williams and Acosta, JJ.


Permanent neglect may be found where a parent fails to acknowledge the problem that led to foster care placement in the first place ( Matter of Violeta P., 45 AD3d 352). Notwithstanding respondent's completion of classes in parenting skills and anger management, there was clear and convincing evidence he had failed to plan for his child's future ( see Social Services Law § 384-b). The determination as to the child's best interests, in furtherance of finding him a permanent home, was supported by a preponderance of the evidence that his needs are being met by the foster family with whom he has lived most of his life, and which has adopted two of his siblings and desires to adopt him as well ( Matter of Arriola Nicole S., 45 AD3d 407).


Summaries of

In re Darryl

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 2008
50 A.D.3d 252 (N.Y. App. Div. 2008)
Case details for

In re Darryl

Case Details

Full title:In the Matter of FRED DARRYL B., a Child Alleged to be Permanently…

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

Date published: Apr 1, 2008

Citations

50 A.D.3d 252 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2877
854 N.Y.S.2d 693

Citing Cases

In re Fred

Decided June 25, 2008. Appeal from the 1st Dept: 50 AD3d 252. Motions for Leave to Appeal…