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Matter of Akeysha

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1077 (N.Y. App. Div. 1995)

Opinion

March 17, 1995

Appeal from the Erie County Family Court, Mix, J.

Present — Fallon, J.P., Wesley, Doerr, Balio and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Upon our review of the record, we conclude that petitioner satisfied its burden of proving by clear and convincing evidence that respondent substantially and continuously or repeatedly failed to maintain contact with or plan for the future of her children for a period of more than one year notwithstanding petitioner's efforts to encourage her to strengthen the parental relationship (see, Social Services Law § 384-b [a]; Matter of Joseph H., 185 A.D.2d 682, 683). Those efforts included formulating a specific plan with respondent for the return of the children to her, setting up a visitation schedule, assisting respondent with housing and transportation needs and referring her to counseling on domestic violence issues, her cocaine and alcohol addiction and parenting skills. Despite those efforts, respondent discontinued counseling, was sporadic in visiting the children, lost her apartment, and continued to use cocaine. Thus, petitioner satisfied its burden of proving permanent neglect (see, Matter of Star Leslie W., 63 N.Y.2d 136, 142-144).


Summaries of

Matter of Akeysha

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1077 (N.Y. App. Div. 1995)
Case details for

Matter of Akeysha

Case Details

Full title:In the Matter of AKEYSHA N., Also Known as AKEYSHA R., and Others…

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

Date published: Mar 17, 1995

Citations

213 A.D.2d 1077 (N.Y. App. Div. 1995)
624 N.Y.S.2d 74

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