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In the Matter of Marie J

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 2003
307 A.D.2d 265 (N.Y. App. Div. 2003)

Opinion

2002-01451

Submitted June 13, 2003.

July 7, 2003.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights, the mother appeals, as limited by her brief, from so much of an order of fact-finding and disposition of the Family Court, Queens County (Bogacz, J.), entered January 22, 2002, as, after fact-finding and dispositional hearings, found that she permanently neglected the subject child, terminated her parental rights, and transferred guardianship and custody of the subject child to the petitioner and the Commissioner of Social Services for purposes of adoption.

Arza Feldman, Hauppauge, N.Y., for appellant.

Magovern Sclafani, New York, N.Y. (David A. LoRe of counsel), for petitioner-respondent.

Monica Drinane, New York, N.Y. (Diane Pazar of counsel), Law Guardian for the child.

Before: FRED T. SANTUCCI, J.P., LEO F. McGINITY, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.

Keeping in mind that the Family Court's findings are to be accorded great deference, particularly as to the credibility, character, and temperament of the parent and other witnesses ( see Matter of Celenia R., 264 A.D.2d 737, 738), we find that the evidence adduced at the fact-finding hearing supports the Family Court's finding of permanent neglect. The petitioner established by clear and convincing evidence that it made diligent attempts to strengthen the parent-child relationship, and that despite its efforts, the mother failed to meaningfully plan for the future of the subject child ( see Social Services Law § 384-b; Matter of Sheila G., 61 N.Y.2d 368; Matter of La'Quan De'Vota H., 259 A.D.2d 486; Matter of Alicia Shante H., 245 A.D.2d 509; cf. Matter of Dutchess County Dept. of Social Servs., 181 A.D.2d 824). Furthermore, the mother's changed circumstances were insufficient to warrant a suspended judgment, given the absence of any real relationship between herself and the child and the bond that the child has developed with the foster parents who have been competently caring for her special needs ( see Matter of C. Children, 253 A.D.2d 554, 555).

The mother's remaining contention is without merit.

SANTUCCI, J.P., McGINITY, TOWNES and MASTRO, JJ., concur.


Summaries of

In the Matter of Marie J

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 2003
307 A.D.2d 265 (N.Y. App. Div. 2003)
Case details for

In the Matter of Marie J

Case Details

Full title:IN THE MATTER OF MARIE J. (ANONYMOUS), a/k/a CHERRY-MARIE J. (ANONYMOUS)…

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

Date published: Jul 7, 2003

Citations

307 A.D.2d 265 (N.Y. App. Div. 2003)
762 N.Y.S.2d 263

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