In re Arella D.P.-D.

Appellate Division of the Supreme Court of New York

In re Arella D.P.-D.

35 A.D.3d 1222, 825 N.Y.S.2d 411

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 22, 2006

StatusPublished

Cited by3 cases

This text of 35 A.D.3d 1222 (In re Arella D.P.-D.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Arella D.P.-D., 35 A.D.3d 1222, 825 N.Y.S.2d 411 (N.Y. Ct. App. 2006).

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Opinion

Appeal from an order of the Family Court, Monroe County [1223]*1223(Dandrea L. Ruhlmann, J.), entered November 30, 2004 in a proceeding pursuant to Social Services Law § 384-b. The order terminated respondent’s parental rights, committed the guardianship and custody of the children to petitioner and freed them for adoption.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order of disposition that terminated his parental rights with respect to his children, committed their guardianship and custody to petitioner and freed them for adoption. Contrary to respondent’s contention, Family Court did not abuse its discretion in declining to enter a suspended judgment (see Matter of Kyle S., 11 AD3d 935, 936 [2004]). Although the record establishes that respondent had made some progress with his substance abuse treatment while he was incarcerated, the progress “was not sufficient to warrant any further prolongation of the child[ren]’s unsettled familial status” (Matter of Maryline A., 22 AD3d 227, 228 [2005]). Present—Scudder, P.J., Hurlbutt, Gorski and Martoche, JJ.

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Appeal from an order of the Family Court, Monroe County [1223]*1223(Dandrea L. Ruhlmann, J.), entered November 30, 2004 in a proceeding pursuant to Social Services Law § 384-b. The order terminated respondent’s parental rights, committed the guardianship and custody of the children to petitioner and freed them for adoption.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order of disposition that terminated his parental rights with respect to his children, committed their guardianship and custody to petitioner and freed them for adoption. Contrary to respondent’s contention, Family Court did not abuse its discretion in declining to enter a suspended judgment (see Matter of Kyle S., 11 AD3d 935, 936 [2004]). Although the record establishes that respondent had made some progress with his substance abuse treatment while he was incarcerated, the progress “was not sufficient to warrant any further prolongation of the child[ren]’s unsettled familial status” (Matter of Maryline A., 22 AD3d 227, 228 [2005]). Present—Scudder, P.J., Hurlbutt, Gorski and Martoche, JJ.

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Bluebook (online)

35 A.D.3d 1222, 825 N.Y.S.2d 411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-arella-dp-d-nyappdiv-2006.

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