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In the Matter of Joshua S

Appellate Division of the Supreme Court of New York, Second Department
May 12, 2003
305 A.D.2d 514 (N.Y. App. Div. 2003)

Opinion

2000-06596

Submitted April 24, 2003.

May 12, 2003.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals, as limited by his brief, from so much of an order of fact-finding and disposition of the Family Court, Orange County (Kiedaisch, J.), dated May 16, 2000, as, after a fact-finding hearing, found that he permanently neglected the child, Joshua S.

Randy I. Siper, Montgomery, N.Y., for appellant.

Catherine M. Bartlett, County Attorney, Goshen, N.Y. (Christine Foy-Stage of counsel), for respondent.

Jessica Bacal, Katonah, N.Y., Law Guardian for the child.

Before: SANDRA J. FEUERSTEIN, J.P., LEO F. McGINITY, HOWARD MILLER, THOMAS A. ADAMS, JJ.


DECISION ORDER

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the father's contentions, the petitioner established by clear and convincing evidence that he permanently neglected his son by failing to plan for his future, despite the petitioner's diligent efforts to strengthen the father's relationship with the son and reunite them (see Social Services Law § 384-b; Matter of Star Leslie W., 63 N.Y.2d 136, 140; Matter of Angel Joseph S., 282 A.D.2d 752; Matter of Jeremiah R., 266 A.D.2d 553; Matter of La'Quan De'Vota H., 259 A.D.2d 486). The father, who had previously been found to have sexually abused his daughter, could not adequately plan for his son's future because he failed to acknowledge his guilt, or his need for the Family Court-directed sexual offender therapy (see Matter of Travis Lee G., 169 A.D.2d 769).

FEUERSTEIN, J.P., McGINITY, H. MILLER and ADAMS, JJ., concur.


Summaries of

In the Matter of Joshua S

Appellate Division of the Supreme Court of New York, Second Department
May 12, 2003
305 A.D.2d 514 (N.Y. App. Div. 2003)
Case details for

In the Matter of Joshua S

Case Details

Full title:IN THE MATTER OF JOSHUA S. (ANONYMOUS). ORANGE COUNTY DEPARTMENT OF SOCIAL…

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

Date published: May 12, 2003

Citations

305 A.D.2d 514 (N.Y. App. Div. 2003)
758 N.Y.S.2d 838

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