Opinion
CAF 01-00352
October 2, 2003.
Appeal from an order of Family Court, Erie County (Rosa, J.), entered October 27, 2000, which adjudicated respondent's child to be permanently neglected and terminated respondent's parental rights.
MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR RESPONDENT-APPELLANT.
DAVID C. SCHOPP, LAW GUARDIAN, THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CHARLES D. HALVORSEN OF COUNSEL), FOR JA-NATHAN F.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, SCUDDER, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Family Court properly adjudicated respondent's child to be permanently neglected and terminated respondent's parental rights. Petitioner met its burden of establishing by clear and convincing evidence that it made diligent efforts to encourage and strengthen the relationship between respondent and the child ( see Social Services Law 384-b [a]) by providing "services and other assistance aimed at ameliorating or resolving the problems preventing [the child's] return to respondent's care" ( Matter of Kayte M., 201 A.D.2d 835, lv denied 83 N.Y.2d 757). Petitioner also met its burden of establishing by clear and convincing evidence that respondent failed substantially and continuously to plan for the future of the child ( see 384-b [7] [a]). Although respondent participated in the services offered by petitioner, he failed to address successfully the problems that led to the removal of the child and continued to prevent the child's safe return ( see Matter of Rebecca D., 222 A.D.2d 1092).