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In re Guardianship of Lamikia Shawn S

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 2000
276 A.D.2d 279 (N.Y. App. Div. 2000)

Opinion

October 5, 2000.

Order of disposition, Family Court, Bronx County (Gayle Roberts, J.), entered January 14, 1998, terminating respondent's parental rights to the subject child and committing the child's guardianship and custody to petitioner agency and the Commissioner of Social Services for the purpose of adoption, upon a fact-finding determination of permanent neglect, unanimously affirmed, without costs. Appeal from fact-finding order, same court (Rita Bolstad, J.), entered December 27, 1996, unanimously dismissed, without costs.

Diane Pazar, Dora M. Lassinger, for respondent-appellant.

Richard J. Warren, for petitioners-respondents.

Before: Mazzarelli, J.P., Ellerin, Wallach, Rubin, Saxe, JJ.


The finding of permanent neglect is supported by clear and convincing evidence that respondent did not cooperate with the agency's diligent efforts to arrange visitation and drug and parenting counseling. Indeed, the evidence of petitioner's many missed and late visits with the child, without reasonable excuse, constituted a failure to maintain contact that alone would support the finding of permanent neglect (see, Matter of Emily A., 216 A.D.2d 124). A preponderance of the evidence shows that the child's best interests would be served by freeing her for adoption by her foster mother.

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


Summaries of

In re Guardianship of Lamikia Shawn S

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 2000
276 A.D.2d 279 (N.Y. App. Div. 2000)
Case details for

In re Guardianship of Lamikia Shawn S

Case Details

Full title:IN RE COMMITMENT OF GUARDIANSHIP, ETC., OF LAMIKIA SHAWN S., A DEPENDENT…

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

Date published: Oct 5, 2000

Citations

276 A.D.2d 279 (N.Y. App. Div. 2000)
714 N.Y.S.2d 205

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