Opinion
2015-04-15
In the Matter of GREGORY A.J. (Anonymous). Little Flower Children and Family Services, appellant, et al., petitioner; Gregory J. (Anonymous), respondent-respondent, et al., respondent. (Proceeding No. 1) In the Matter of Alexis R.J. (Anonymous). Little Flower Children and Family Services, appellant, et al., petitioner; Gregory J. (Anonymous), respondent-respondent, et al., respondent. (Proceeding No. 2).
Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for appellant. Steven P. Forbes, Jamaica, N.Y., for respondent-respondent.
Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for appellant. Steven P. Forbes, Jamaica, N.Y., for respondent-respondent.
Richard L. Herzfeld, P.C., New York, N.Y., attorney for the children.
Appeal from an amended order of fact-finding of the Family Court, Queens County (Linda B. Tally, J.), dated December 10, 2013. The amended order, after a fact-finding hearing, dismissed related petitions to terminate the father's parental rights on the ground of permanent neglect.
ORDERED that the amended order of fact-finding is affirmed, without costs or disbursements.
The Family Court properly dismissed the petitions because the petitioner failed to sustain its statutory burden of demonstrating, by clear and convincing evidence, that it exercised diligent efforts to strengthen the parental relationship between the children and the father ( see Social Services Law § 384–b[7]; Matter of Sheila G., 61 N.Y.2d 368, 474 N.Y.S.2d 421, 462 N.E.2d 1139; cf. Matter of Star Leslie W., 63 N.Y.2d 136, 481 N.Y.S.2d 26, 470 N.E.2d 824; Matter of Dutchess County Dept. of Social Servs. [Tony R.], 115 A.D.3d 952, 982 N.Y.S.2d 556).