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Matter of Albert E

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1999
259 A.D.2d 315 (N.Y. App. Div. 1999)

Opinion

March 11, 1999

Appeal from the Family Court, New York County (Mary Bednar, J.).


Respondent's request at the dispositional hearing for a suspended judgment was properly denied upon evidence that, notwithstanding petitioner agency's diligent efforts to help respondent, she has failed to develop any realistic plan for the children's future. Despite respondent's recent nominal efforts at rehabilitation, her situation has remained unsettled. The children, who have been in foster care since birth, have bonded with their foster parents, and there is no evidence of a positive, meaningful relationship with respondent to warrant a suspended judgment ( see, Matter of Amanda R., 215 A.D.2d 220, lv. denied 86 N.Y.2d 705). The finding that termination of respondent's parental rights would be in the children's best interests ( see, Family Ct Act § 631; Matter of Michael B., 80 N.Y.2d 299, 313) is supported by a preponderance of the evidence in the record ( see, Matter of Latesha Nicole M., 219 A.D.2d 521).

Concur — Ellerin, P. J., Rubin, Mazzarelli and Saxe, JJ.


Summaries of

Matter of Albert E

Appellate Division of the Supreme Court of New York, First Department
Mar 11, 1999
259 A.D.2d 315 (N.Y. App. Div. 1999)
Case details for

Matter of Albert E

Case Details

Full title:In the Matter of ALBERT E. and Others, Children Alleged to be Permanently…

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

Date published: Mar 11, 1999

Citations

259 A.D.2d 315 (N.Y. App. Div. 1999)
686 N.Y.S.2d 421

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