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Matter of Rebecca M

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 495 (N.Y. App. Div. 2000)

Opinion

Submitted December 4, 2000.

December 27, 2000.

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights, the mother appeals from so much of a dispositional order of the Family Court, Kings County (Segal, J.), dated November 10, 1998, as, after fact-finding and dispositional hearings, terminated her parental rights, and St. Vincent's Services for Children cross-appeals from so much of the same order as directed weekly visitation between Rebecca M. and her siblings.

Larry S. Bachner, Jamaica, N.Y., for appellant-respondent.

Magovern Sclafani, New York, N.Y. (Frederick J. Magovern and Meredith Levy of counsel), for respondent-appellant.

Monica Drinane, New York, N.Y. (Gary Solomon of counsel), Law Guardian, and Hughes Hubbard Reed, New York, N.Y. (Anastasia Danias of counsel; Savvas Foukas and Lisa Levine on the brief), for the child (one brief filed).

Before: WILLIAM D. FRIEDMANN, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the cross appeal is dismissed as abandoned, without costs or disbursements; and it is further,

ORDERED that the order of disposition is affirmed insofar as appealed from, without costs and disbursements.

The petitioner established by clear and convincing evidence that it used diligent efforts to encourage and strengthen the parental relationship (see, Matter of Richard W., 265 A.D.2d 685). Further, the termination of the mother's parental rights is supported by a preponderance of the evidence (see, Matter of Star Leslie W., 63 N.Y.2d 136), and the Family Court acted within its discretion by refusing to suspend the order (see, Family Ct Act § 631, 633).


Summaries of

Matter of Rebecca M

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 495 (N.Y. App. Div. 2000)
Case details for

Matter of Rebecca M

Case Details

Full title:IN THE MATTER OF REBECCA M. (ANONYMOUS). ST. VINCENT'S SERVICES FOR…

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 495 (N.Y. App. Div. 2000)
718 N.Y.S.2d 653