From Casetext: Smarter Legal Research

In the Matter of Charlene P

Appellate Division of the Supreme Court of New York, First Department
Apr 3, 2007
39 A.D.3d 229 (N.Y. App. Div. 2007)

Opinion

No. 662.

April 3, 2007.

Orders of disposition, Family Court, New York County (Gloria Sosa-Lintner, J.), entered October 24, 2005, insofar as appealed from, terminating respondent's parental rights to the subject children rather than suspending judgment, unanimously affirmed, without costs.

Neal D. Futerfas, White Plains, for appellant.

John R. Eyerman, New York, for respondent. Tamara A. Steckler, The Legal Aid Society, New York, and Proskauer Rose, LLP, New York (Nathan Lander of counsel), Law Guardian.

Before: Andrias, J.P., Friedman, Marlow, Williams and Catterson, JJ.


Respondent's parental rights were properly terminated based on a preponderance of the evidence showing at best only sporadic compliance with the agency's visitation schedule even after the fact-finding hearing at which respondent conceded neglect, a failure to complete a drug treatment program by the time of the dispositional hearing more than two years after the children were placed, and a nurturing foster parent in whose care the children have been since infancy and who, with the support of petitioner and the law guardian, wants to adopt them ( see Matter of Albert E., 259 AD2d 315; Matter of David J., 260 AD2d 279). We have considered respondent's other arguments and find them unavailing.


Summaries of

In the Matter of Charlene P

Appellate Division of the Supreme Court of New York, First Department
Apr 3, 2007
39 A.D.3d 229 (N.Y. App. Div. 2007)
Case details for

In the Matter of Charlene P

Case Details

Full title:In the Matter of ANTHONY P. and Another, Infants. CHARLENE P., Appellant…

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

Date published: Apr 3, 2007

Citations

39 A.D.3d 229 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 2808
831 N.Y.S.2d 711