Opinion
340 CAF 15-00513.
04-29-2016
In the Matter of LONDON J. Onondaga County Department of Children and Family Services, Petitioner–Respondent; Niaya W., Respondent–Appellant.
Frank H. Hiscock Legal Aid Society, Syracuse (Evan Hannay of Counsel), for Respondent–Appellant. Robert A. Durr, County Attorney, Syracuse (Polly E. Johnson of Counsel), for Petitioner–Respondent. Courtney S. Radick, Attorney for the Child, Oswego.
Frank H. Hiscock Legal Aid Society, Syracuse (Evan Hannay of Counsel), for Respondent–Appellant.
Robert A. Durr, County Attorney, Syracuse (Polly E. Johnson of Counsel), for Petitioner–Respondent.
Courtney S. Radick, Attorney for the Child, Oswego.
PRESENT: SMITH, J.P., DeJOSEPH, NEMOYER, TROUTMAN, AND SCUDDER, JJ.
Opinion
MEMORANDUM: In this proceeding pursuant to Social Services Law § 384–b, respondent mother appeals from an order that terminated her parental rights with respect to the subject child on the ground of permanent neglect. We affirm. Although the mother participated and progressed in some of the services offered by petitioner, petitioner established that the mother did not complete any of those services and failed to “ ‘address or gain insight into the problems that led to the removal of the child[ ] and continued to prevent the child['s] safe return’ ” (Matter of Burke H. [Richard H.], 134 A.D.3d 1499, 1501, 23 N.Y.S.3d 776 ; see Matter of Tiara B. [Torrence B.], 70 A.D.3d 1307, 1307, 895 N.Y.S.2d 622, lv. denied 14 N.Y.3d 709, 2010 WL 1754796 ).
The mother failed to preserve for our review her contention that Family Court abused its discretion in not imposing a suspended judgment (see Matter of Dakota H. [Danielle F.], 126 A.D.3d 1313, 1315, 5 N.Y.S.3d 742, lv. denied 25 N.Y.3d 909, 2015 WL 3605123 ). In any event, we conclude that a suspended judgment was not warranted under the circumstances of this case inasmuch as “any ‘progress made by [the mother] in the months preceding the dispositional determination was not sufficient to warrant any further prolongation of the child's unsettled familial status' ” (Matter of Donovan W., 56 A.D.3d 1279, 1280, 868 N.Y.S.2d 451, lv. denied 11 N.Y.3d 716, 874 N.Y.S.2d 5, 902 N.E.2d 439 ). Finally, we reject the mother's contention that she was denied effective assistance of counsel “inasmuch as [she] did not demonstrate the absence of strategic or other legitimate explanations for counsel's alleged shortcomings” (Matter of Brown v. Gandy, 125 A.D.3d 1389, 1390, 3 N.Y.S.3d 486 [internal quotation marks omitted] ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.