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Asia Lynn S. v. Regina P.

Appellate Division of the Supreme Court of the State of New York
Nov 20, 2018
166 A.D.3d 493 (N.Y. App. Div. 2018)

Opinion

7647

11-20-2018

IN RE ASIA LYNN S., A Dependent Child Under Eighteen Years of Age, etc., Regina P., Respondent–Appellant, v. Good Shepherd Services, Petitioner–Respondent.

Andrew J. Baer, New York, for appellant. Geoffrey P. Berman, Larchmont, for respondent. Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), attorney for the child.


Andrew J. Baer, New York, for appellant.

Geoffrey P. Berman, Larchmont, for respondent.

Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), attorney for the child.

Renwick, J.P., Richter, Tom, Kern, Oing, JJ.

Order, Family Court, Bronx County (Valerie A. Pels, J.), entered on or about January 3, 2017, which, to the extent appealed from, revoked a May 19, 2014 order suspending judgment for 12 months, terminated respondent mother's parental rights to the subject child, and committed the custody and guardianship of the child to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.

The preponderance of the evidence in the latest proceedings, including testimony that the mother failed to visit the child, attend therapy, or complete a parenting skills program, all support the conclusion that the mother materially violated the terms of the suspended judgment ( Matter of Kendra C.R., 68 A.D.3d 467, 890 N.Y.S.2d 51 [1st Dept. 2009], lv dismissed and denied 14 N.Y.3d 870, 903 N.Y.S.2d 329, 929 N.E.2d 391 [2010] ).

Further, the child has been in foster care since she was two months old, and has developed a positive relationship with her present foster mother, who provides for her special needs and wants to adopt her (see Matter of Jada Serenity H., 60 A.D.3d 469, 470, 874 N.Y.S.2d 113 [1st Dept. 2009] ).

We have considered and rejected the mother's remaining arguments.


Summaries of

Asia Lynn S. v. Regina P.

Appellate Division of the Supreme Court of the State of New York
Nov 20, 2018
166 A.D.3d 493 (N.Y. App. Div. 2018)
Case details for

Asia Lynn S. v. Regina P.

Case Details

Full title:In re Asia Lynn S., A Dependent Child Under Eighteen Years of Age, etc.…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Nov 20, 2018

Citations

166 A.D.3d 493 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 7937
85 N.Y.S.3d 868