Opinion
2014-10-2
In re JUSTIN S., and Another, Dependent Children Under the Age of Eighteen Years, etc., Nereida V., Respondent–Appellant, Edwin Gould Services for Children and Families, Petitioner–Respondent.
Geanine Towers, P.C., Brooklyn (Geanine Towers of counsel), for appellant. John R. Eyerman, New York, for respondent.
Geanine Towers, P.C., Brooklyn (Geanine Towers of counsel), for appellant. John R. Eyerman, New York, for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), attorney for the children.
GONZALEZ, P.J., SAXE, RICHTER, and KAPNICK, JJ.
Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about June 20, 2013, which, to the extent appealed from as limited by the briefs, terminated respondent mother's parental rights to the subject children upon a finding that she had violated the terms of a suspended judgment, and committed the care, custody and guardianship of the children to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.
A preponderance of the evidence supports the finding that it is in the children's best interest to terminate the mother's parental rights so as to free the children for adoption by the foster mother, who has cared for them for more than five years ( see Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ). The record does not present “exceptional circumstances” that would warrant an extension of the suspended judgment ( seeFamily Court Act § 633[b]; Matter of Michael B., 80 N.Y.2d 299, 311, 590 N.Y.S.2d 60, 604 N.E.2d 122 [1992] ). The mother violated the terms of the suspended judgment by testing positive for drug use, and she failed to demonstrate that she has made significant progress in overcoming her drug problem ( see e.g. Matter of Sjuqwan Anthony Zion Perry M. [Charnise Antonia M.], 111 A.D.3d 473, 475, 975 N.Y.S.2d 387 [1st Dept.2013], lv. denied22 N.Y.3d 864, 986 N.Y.S.2d 18, 9 N.E.3d 368 [2014] ).
We have considered the mother's remaining contentions and find them unavailing.