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In the Matter of Crystal Marie D

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 2002
292 A.D.2d 382 (N.Y. App. Div. 2002)

Opinion

2000-08570, 2000-08571

Submitted January 22, 2002.

March 5, 2002.

In two related proceedings pursuant to Social Services Law § 384-b to terminate the parental rights of the mother on the ground that she permanently neglected her children Crystal Marie D. and Juan Anthony D., the mother appeals from two orders of fact-finding and disposition (one as to each child) of the Family Court, Kings County (Porzio, J.), both dated July 18, 2000, which, after a hearing, found that she permanently neglected her two children and terminated her parental rights.

Richard L. Herzfeld, P.C., New York, N.Y., for appellant.

Satterlee Stephens Burke Burke, LLP, New York, N.Y. (Andrea Peyser of counsel; Gabrielle Pak on the brief), for respondent Lutheran Social Services of Metropolitan New York, Inc.

Monica Drinane, New York, N.Y. (Joy S. Rosenthal of counsel), Law Guardian for the children.

Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, SONDRA MILLER, BARRY A. COZIER, JJ.


ORDERED that the orders of fact-finding and disposition are affirmed, without costs or disbursements.

The agency fulfilled its duty to encourage the parental relationship between the mother and her children. Consequently, the Family Court correctly determined that the agency exercised diligent efforts to strengthen that relationship (see, Matter of Carmen N., 237 A.D.2d 607).

The Family Court properly determined that the mother permanently neglected her two children within the meaning of Social Services Law § 384-b(7). During the one-year period between February 1997 and February 1998, the mother visited her children only three or four times despite the agency's persistent efforts to arrange visitation (see, Matter of Hasson B., 219 A.D.2d 649). Further, the mother's failure to overcome her drug abuse problem was sufficient to support a finding that she failed to plan for her children's future (see, Matter of Vincent M., 255 A.D.2d 515).

ALTMAN, J.P., SMITH, S. MILLER and COZIER, JJ., concur.


Summaries of

In the Matter of Crystal Marie D

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 2002
292 A.D.2d 382 (N.Y. App. Div. 2002)
Case details for

In the Matter of Crystal Marie D

Case Details

Full title:IN THE MATTER OF CRYSTAL MARIE D. (ANONYMOUS). LUTHERAN SOCIAL SERVICES OF…

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

Date published: Mar 5, 2002

Citations

292 A.D.2d 382 (N.Y. App. Div. 2002)
738 N.Y.S.2d 611

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