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In the Matter of Juton A.

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 2004
6 A.D.3d 314 (N.Y. App. Div. 2004)

Opinion

3467.

Decided April 22, 2004.

Order of disposition, Family Court, New York County (Jody Adams, J.), entered July 19, 2002, which, upon a fact-finding determination that respondent failed to comply with the terms of a suspended judgment, terminated respondent's parental rights to the subject child and committed the child's guardianship and custody to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.

John J. Marafino, New York, for appellant.

Rosin Reiniger, New York (Douglas H. Reiniger of counsel), for respondent.

Lawyers for Children, Inc., New York (Nancy Andre of counsel), law guardian.

Before: Andrias, J.P., Williams, Friedman, Marlow, Gonzalez, JJ.


The finding that respondent failed to comply with the suspended judgment is supported by a preponderance of the evidence ( see Matter of Ishia Marie W., 292 A.D.2d 535; Matter of Desiree W., 232 A.D.2d 227) showing that she did not regularly attend domestic violence counseling and allowed men who were not screened for child abuse, criminal history and drugs to have contact with the child. The finding that termination of respondent's parental rights is in the child's best interests is supported by a preponderance of the evidence ( see Matter of Shaka Efion C., 207 A.D.2d 740) showing that the child's foster mother, with whom the child has lived for virtually her entire life, has provided a stable and nurturing home, and that respondent has not acquired insight into the causes of the child's removal. No exceptional circumstances exist warranting an extension of the suspended judgment for another year (Family Ct Act 633[b]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In the Matter of Juton A.

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 2004
6 A.D.3d 314 (N.Y. App. Div. 2004)
Case details for

In the Matter of Juton A.

Case Details

Full title:IN RE GUARDIANSHIP, ETC., AMANDA CRYSTAL JUTON A., A Child Under the Age…

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

Date published: Apr 22, 2004

Citations

6 A.D.3d 314 (N.Y. App. Div. 2004)
775 N.Y.S.2d 136

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