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Matter of Daniel Edward A.

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2000
269 A.D.2d 391 (N.Y. App. Div. 2000)

Opinion

Submitted November 22, 1999

February 17, 2000

In two related proceedings pursuant to Social Services Law § 384-b to terminate parental rights based upon permanent neglect, the father appeals from so much of two orders of disposition of the Family Court, Queens County (Lauria, J.), dated April 20, 1998, as, after a fact-finding hearing, terminated his parental rights as to Kirsty Lauren H. (Anonymous) and Daniel Edward A. (Anonymous) and transferred custody and guardianship of the children to the Lutheran Social Services of Metropolitan New York, Inc., and the Commissioner of Social Services.

Peter A. Wilner, Jamaica, N.Y., for appellant.

Satterlee Stephens Burke Burke, LLP, New York, N.Y. (Andrea Peyser, Mark Lerner, and Neil Rosenhouse of counsel), for respondent Lutheran Social Services of Metropolitan New York, Inc.

Monica Drinane, New York, N.Y. (Elizabeth Johanns and Judith Waksberg of counsel), Law Guardian for the children.

FRED T. SANTUCCI, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the orders are affirmed insofar as appealed from, without costs or disbursements.

The Family Court's finding that the subject children were permanently neglected by the appellant was supported by clear and convincing evidence. The evidence established that, despite the petitioner agency's diligent efforts to encourage and strengthen the parent-child relationship, the appellant failed to substantially and continuously plan for the future of his children (see, Social Services Law § 384-b[7][a]; Matter of Gregory B., 74 N.Y.2d 77 ; Matter of C. Children, 253 A.D.2d 554 ; Matter of Carmen N., 237 A.D.2d 607 ).

The appellant's remaining contention is without merit.


Summaries of

Matter of Daniel Edward A.

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 2000
269 A.D.2d 391 (N.Y. App. Div. 2000)
Case details for

Matter of Daniel Edward A.

Case Details

Full title:IN THE MATTER OF DANIEL EDWARD A. (Anonymous). EDWARD HERNANDEZ…

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

Date published: Feb 17, 2000

Citations

269 A.D.2d 391 (N.Y. App. Div. 2000)
702 N.Y.S.2d 565