In re Baby Boy B.

Appellate Division of the Supreme Court of New York

In re Baby Boy B.

17 A.D.3d 127, 791 N.Y.S.2d 825, 2005 N.Y. App. Div. LEXIS 3448

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

DecidedApril 5, 2005

StatusPublished

This text of 17 A.D.3d 127 (In re Baby Boy B.) 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.

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In re Baby Boy B., 17 A.D.3d 127, 791 N.Y.S.2d 825, 2005 N.Y. App. Div. LEXIS 3448 (N.Y. Ct. App. 2005).

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Opinion

[128]*128Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about October 7, 2003, which, insofar as appealed from, upon a fact-finding determination of permanent neglect, terminated respondent-appellant’s parental rights to the subject child and committed the child’s custody and guardianship to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence of respondent’s failure to cooperate with the agency’s diligent efforts to assist him in establishing paternity and finding suitable housing and to arrange visitation and schedule planning conferences (see Social Services Law § 384-b [7] [a], [f]; Matter of Star Leslie W., 63 NY2d 136, 144 [1984]). A preponderance of the evidence supports the finding that it is in the child’s best interests to be adopted by the foster parents who have, cared for him since infancy (see Star Leslie W., 63 NY2d at 147-148). Concur—Mazzarelli, J.P., Saxe, Marlow, Gonzalez and Sweeny, JJ.

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[128]*128Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about October 7, 2003, which, insofar as appealed from, upon a fact-finding determination of permanent neglect, terminated respondent-appellant’s parental rights to the subject child and committed the child’s custody and guardianship to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence of respondent’s failure to cooperate with the agency’s diligent efforts to assist him in establishing paternity and finding suitable housing and to arrange visitation and schedule planning conferences (see Social Services Law § 384-b [7] [a], [f]; Matter of Star Leslie W., 63 NY2d 136, 144 [1984]). A preponderance of the evidence supports the finding that it is in the child’s best interests to be adopted by the foster parents who have, cared for him since infancy (see Star Leslie W., 63 NY2d at 147-148). Concur—Mazzarelli, J.P., Saxe, Marlow, Gonzalez and Sweeny, JJ.

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17 A.D.3d 127, 791 N.Y.S.2d 825, 2005 N.Y. App. Div. LEXIS 3448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-baby-boy-b-nyappdiv-2005.

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