From Casetext: Smarter Legal Research

Matter of Sherryl

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1983
92 A.D.2d 613 (N.Y. App. Div. 1983)

Opinion

February 28, 1983


In a proceeding to terminate the parental rights of the mother and father of the child in question, the father appeals, as limited by his brief, from so much of an order of the Family Court, Kings County (Schwartz, J.), entered July 30, 1981 as found that he had permanently neglected his daughter, terminated his parental rights, awarded guardianship and custody of the child to the Commissioner of Social Services of the City of New York/Ohel Children's Home, and empowered them to consent to the adoption of the child. Order affirmed, insofar as appealed from, without costs or disbursements. The record demonstrated by clear and convincing evidence that appellant failed to plan for his daughter's future although physically and financially able to do so. Despite appellant's regular visits with the child, his failure over a long period of time to formulate any meaningful plan to facilitate her return to a stable home life suffices to support a determination of permanent neglect (see Matter of Orlando F., 40 N.Y.2d 103; Matter of Donna Dorene "G", 70 A.D.2d 188; Matter of Amos HH, 59 A.D.2d 795). Mollen, P.J., Lazer, Thompson and Gulotta, JJ., concur.


Summaries of

Matter of Sherryl

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1983
92 A.D.2d 613 (N.Y. App. Div. 1983)
Case details for

Matter of Sherryl

Case Details

Full title:In the Matter of SHERRYL L., Also Known as MALKA L. OHEL CHILDRENS HOME et…

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

Date published: Feb 28, 1983

Citations

92 A.D.2d 613 (N.Y. App. Div. 1983)

Citing Cases

Matter of Daniel

The record demonstrates by clear and convincing evidence ( Santosky v Kramer, 455 U.S. 745) that the…