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In the Matter of Matthew D

Appellate Division of the Supreme Court of New York, First Department
May 18, 2004
7 A.D.3d 392 (N.Y. App. Div. 2004)

Opinion

3649.

Decided May 18, 2004.

Order, Family Court, New York County (Sara P. Schechter, J.), entered on or about July 18, 2001, which terminated respondents' parental rights and committed the child to the custody and guardianship of the Commissioner of Social Services and petitioner agency, unanimously affirmed, without costs.

Geoffrey P. Berman, Mamaroneck, for Yolanda M., appellant.

Wendy S. Abels, West New York, NJ, for Franklin D., appellant.

Warren Warren, P.C., Brooklyn (Ira L. Eras of counsel), for respondent.

Monica Drinane, The Legal Aid Society, New York (Amy Hausknecht of counsel), law guardian.

Before: Mazzarelli, J.P., Saxe, Sullivan, Friedman, Gonzalez, JJ.


Respondents' failure to plan for the child's future constituted clear and convincing evidence of permanent neglect. Notwithstanding the agency's diligent efforts to encourage and strengthen the parent-child relationship by scheduling regular visitation, referring respondents to parenting skill programs and endeavoring to help them address their substance abuse problems, they failed to remain drug-free and did not meaningfully avail themselves of the services offered ( Matter of Dade Wynn F., 291 A.D.2d 218, lv denied 98 N.Y.2d 604). Termination of parental rights to facilitate adoption was supported by the preponderance of evidence, and was in the child's best interest ( Matter of Travis Devon B., 295 A.D.2d 205).

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


Summaries of

In the Matter of Matthew D

Appellate Division of the Supreme Court of New York, First Department
May 18, 2004
7 A.D.3d 392 (N.Y. App. Div. 2004)
Case details for

In the Matter of Matthew D

Case Details

Full title:IN RE GUARDIANSHIP, ETC., MATTHEW D., A Dependent Child Under the Age of…

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

Date published: May 18, 2004

Citations

7 A.D.3d 392 (N.Y. App. Div. 2004)
776 N.Y.S.2d 466