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In re Rosa S.

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 2007
38 A.D.3d 216 (N.Y. App. Div. 2007)

Opinion

No. 398.

March 1, 2007.

Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about July 5, 2005, which, to the extent appealable, found that respondent father had permanently neglected the subject child, unanimously affirmed, without costs.

Geoffrey P. Berman, New York, for appellant. Warren Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondent.

Lawyers For Children, Inc., New York (Nancy Dunbar of counsel), Law Guardian.

Before: Friedman, J.P., Marlow, Sweeny, Catterson and Malone, JJ.


The finding of permanent neglect was based on evidence showing clearly and convincingly that respondent father failed to plan for his daughter's future ( see Social Services Law § 384-b [a], [c]). Notwithstanding respondent's completion of anger management classes and a basic parenting skills program, he did not have and, despite appropriate agency program referrals, failed to acquire, the parenting skills essential to meet his daughter's special needs 9 see Matter of Shane Anthony P., 307 AD2d 297, lv denied 100 NY2d 513).

The court's dispositional determination terminating respondent's parental rights respecting the subject child was entered on respondent's default and consequently is not appealable by him ( see Matter of Ramon David W, 290 AD2d 357). However, were it before us, we would affirm. While the record indicates that the subject child will be difficult to place, it also shows that she has progressed in her current group setting, that adoption would be in her best interests ( see Matter of Star Leslie W, 63 NY2d 136, 147-148), and, accordingly, that it is a goal which should be facilitated.

We have considered respondent father's remaining arguments and find them unavailing.


Summaries of

In re Rosa S.

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 2007
38 A.D.3d 216 (N.Y. App. Div. 2007)
Case details for

In re Rosa S.

Case Details

Full title:In the Matter of ROSA S., a Child Alleged to be Permanently Neglected…

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

Date published: Mar 1, 2007

Citations

38 A.D.3d 216 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1788
831 N.Y.S.2d 57

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