Opinion
2018–04321 2018–08992 Docket Nos. B–21413–15, B–21414–15
03-20-2019
In the MATTER OF GREGORY A.J. (Anonymous), etc. Little Flower Children and Family Services, respondent; v. Gregory J. (Anonymous), etc., appellant. (Proceeding No. 1) In the Matter of Alexis R.J. (Anonymous), etc. Little Flower Children and Family Services, respondent; v. Gregory J. (Anonymous), etc., appellant. (Proceeding No. 2)
Steven P. Forbes, Jamaica, N.Y., for appellant. Leventhal, Mullaney & Blinkoff, LLP, Roslyn, N.Y. (Jeffrey Blinkoff of counsel), for respondent. Richard L. Herzfeld, New York, N.Y., attorney for the children
Steven P. Forbes, Jamaica, N.Y., for appellant.
Leventhal, Mullaney & Blinkoff, LLP, Roslyn, N.Y. (Jeffrey Blinkoff of counsel), for respondent.
Richard L. Herzfeld, New York, N.Y., attorney for the children
ALAN D. SCHEINKMAN, P.J., RUTH C. BALKIN, ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, JJ.
DECISION & ORDERIn two related proceedings pursuant to Social Services Law § 384–b to terminate parental rights on the ground of permanent neglect, the father appeals from two orders of fact-finding and disposition of the Family Court, Queens County (Diane Costanzo, J.) (one as to each child), both dated May 31, 2018. The orders, after fact-finding and dispositional hearings, found that the father permanently neglected the subject children, terminated his parental rights, and freed the children for adoption.
ORDERED that the orders of fact-finding and disposition are affirmed, without costs or disbursements.
The petitioner commenced these proceedings pursuant to Social Services Law § 384–b, inter alia, to terminate the father's parental rights to the subject children on the ground of permanent neglect. The Family Court found, after a fact-finding hearing, that the father had permanently neglected the children, and, after a dispositional hearing, terminated the father's parental rights and freed the children for adoption. The father appeals.
Contrary to the father's contentions, the petitioner met its initial burden of establishing by clear and convincing evidence that it exercised diligent efforts to strengthen the parental relationship between the father and the children by, among other things, referring the father to services for anger management and scheduling regular parental access between the father and the children (see Social Services Law § 384–b[7][a] ; Matter of Hailey ZZ. [Ricky ZZ.], 19 N.Y.3d 422, 430, 948 N.Y.S.2d 846, 972 N.E.2d 87 ; Matter of Sheila G., 61 N.Y.2d 368, 385, 474 N.Y.S.2d 421, 462 N.E.2d 1139 ; Matter of Sarah J.A. [Ramadan G.O.-A.], 156 A.D.3d 691, 692, 66 N.Y.S.3d 668 ; Matter of Daniel K.L. [Shaquanna L.], 138 A.D.3d 743, 744, 29 N.Y.S.3d 436 ). The record shows that despite the petitioner's diligent efforts, the father failed to plan for the return of the children as, inter alia, he failed to successfully gain insight into the obstacles preventing the return of the children to his care (see Matter of Zebadiah Z.W.A.H. [Imecka T.H.], 117 A.D.3d 1051, 987 N.Y.S.2d 84 ; Matter of Shamika K.L.N. [Melvin S.L.], 101 A.D.3d 729, 731, 955 N.Y.S.2d 623 ).
Contrary to the father's contention, a suspended judgment was not appropriate given the father's lack of insight into his problems that prevented the return of the children to his care (see Matter of Lasuree A.B. [Carla S.B.], 141 A.D.3d 578, 579, 34 N.Y.S.3d 900 ; Matter of Aaliyah L.C. [Jamie A.], 128 A.D.3d 955, 956, 11 N.Y.S.3d 178 ). Further, we agree with the Family Court's determination that termination of the father's parental rights was in the best interests of the children (see Family Ct Act § 631 ; Matter of Jamayla C.M. [Marcela A.C.], 163 A.D.3d 820, 81 N.Y.S.3d 171 ; Matter of Mercedes R.B. [Heather C.], 130 A.D.3d 1022, 1023, 12 N.Y.S.3d 909 ; Matter of Tarmara F.J. [Jaineen J.], 108 A.D.3d 543, 544, 969 N.Y.S.2d 119 ; Matter of Jeremy D.R., 40 A.D.3d 764, 765, 836 N.Y.S.2d 626 ; Matter of Ashey Lorraine R., 22 A.D.3d 671, 672, 804 N.Y.S.2d 348 ), so that they would be freed for adoption by the foster mother, with whom they have bonded and lived for 10 years (see Matter of Jasiah T.-V. S.J. [Joshua W.—Shatesse J.], 166 A.D.3d 876, 89 N.Y.S.3d 192 ; Matter of Tymel P. [Tyrone P.], 157 A.D.3d 699, 700, 69 N.Y.S.3d 92 ).
SCHEINKMAN, P.J., BALKIN, MILLER and HINDS–RADIX, JJ., concur.