Opinion
December 29, 1993
Appeal from the Allegany County Family Court, Sprague, J.
Present — Pine, J.P., Balio, Lawton, Doerr and Boehm, JJ.
Order unanimously reversed on the law without costs and petition dismissed. Memorandum: The record establishes, as found by Family Court, that while respondent was incarcerated he reasonably planned for the future of his children. Family Court thus erred in concluding that respondent permanently neglected his children (see, Social Services Law § 384-b; see generally, Matter of Gregory B., 74 N.Y.2d 77). Moreover, because the petition failed to specify, as required by Family Court Act § 614 (1) (c), the diligent efforts that petitioner undertook to encourage and strengthen the parental relationship, it was jurisdictionally defective and must be dismissed (see, Matter of Karen L., 80 A.D.2d 681, 682; see generally, Matter of David T., 75 N.Y.2d 927).