Opinion
1659
September 26, 2002.
Order of disposition, Family Court, New York County (George Jurow, J.), entered on or about January 26, 1999, terminating respondent-appellant's parental rights to the subject child upon a finding of permanent neglect, and committing the child's custody and guardianship to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.
MICHAEL MOORMAN, for CHANELLE H.
ROSEMARIE M. RODMAN, for respondent-appellant.
ANDREA PEYSER, for petitioner-respondent.
Before: Nardelli, J.P., Saxe, Ellerin, Rubin, Friedman, JJ.
Clear and convincing evidence supports the findings that the petitioner agency made diligent efforts to strengthen respondent's relationship with the child, but that respondent failed to complete a drug rehabilitation program, and otherwise failed to plan for the child's future (see Matter Louis Jaybee J., 294 A.D.2d 285, 743 N.Y.S.2d 407). A preponderance of the evidence supports the finding that the child's best interests would be served by freeing her for adoption by the foster mother (see Matter of Star Leslie W., 63 N.Y.2d 136, 147-148). Under the circumstances of this case, respondent's enrollment in a drug rehabilitation program at the time of the dispositional hearing did not warrant a suspended judgment.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.