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In the Matter of Amber

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 2007
39 A.D.3d 651 (N.Y. App. Div. 2007)

Opinion

Nos. 2006-05248, B-3539-05.

April 10, 2007.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals from an order of disposition of the Family Court, Orange County (Klein, J.), entered February 7, 2006, which, after fact-finding and dispositional hearings, inter alia, found that she had permanently neglected the subject child, terminated her parental rights, and transferred custody and guardianship of the child to the Orange County Department of Social Services for the purpose of adoption.

Janet A. Gandolfo, Sleepy Hollow, N.Y., for appellant.

David L. Darwin, County Attorney, Goshen, N.Y. (Christine Foy Stage of counsel), for respondent.

Before: Schmidt, J.P., Spolzino, Florio and Skelos, JJ., concur.


Ordered that the order of disposition is affirmed, without costs or disbursements.

The petitioner established by clear and convincing evidence that, despite the petitioner's diligent efforts, the mother failed to end her continuing relationship with a level three sex offender, which was the reason that the child was removed. On this basis, the Family Court correctly found that the mother had permanently neglected the child by failing to plan for her future, as she was required to do ( see Social Services Law § 384-b; Matter of Nathaniel T., 67 NY2d 838, 842; Matter of Leon RR., 48 NY2d 117, 125; Matter of Pleasant Edward G., 306 AD2d 409).

The mother's remaining contentions are without merit.


Summaries of

In the Matter of Amber

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 2007
39 A.D.3d 651 (N.Y. App. Div. 2007)
Case details for

In the Matter of Amber

Case Details

Full title:In the Matter of AMBER L. ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES…

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

Date published: Apr 10, 2007

Citations

39 A.D.3d 651 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 3142
835 N.Y.S.2d 251

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