In re Chanyah H.

Appellate Division of the Supreme Court of New York

In re Chanyah H.

33 A.D.3d 449, 821 N.Y.S.2d 881

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

DecidedOctober 17, 2006

StatusPublished

This text of 33 A.D.3d 449 (In re Chanyah H.) 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 Chanyah H., 33 A.D.3d 449, 821 N.Y.S.2d 881 (N.Y. Ct. App. 2006).

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Opinion

Order, Family Court, New York County (Jody Adams, J.), entered on or about December 1, 2004, which, after a fact-finding determination that respondents had permanently neglected the child, terminated their parental rights, and transferred custody and guardianship to petitioner and the New York City Commissioner of Social Services with authority to consent to adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and

[450]*450convincing evidence that despite the agency’s diligent efforts, respondents failed to regularly visit their child and the mother continued to test positive for drugs (Matter of Daniella C.G., 25 AD3d 494 [2006], lv denied 6 NY3d 715 [2006]). The determination that it would be in the child’s best interests to terminate parental rights and free her for adoption is supported by a preponderance of the evidence (Matter of Star Leslie W., 63 NY2d 136 [1984]). The circumstances do not warrant a suspended judgment (Matter of Mary-Athena A.C., 19 AD3d 140 [2005]). Concur—Mazzarelli, J.E, Andrias, Sullivan, McGuire and Malone, JJ.

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Order, Family Court, New York County (Jody Adams, J.), entered on or about December 1, 2004, which, after a fact-finding determination that respondents had permanently neglected the child, terminated their parental rights, and transferred custody and guardianship to petitioner and the New York City Commissioner of Social Services with authority to consent to adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and

[450]*450convincing evidence that despite the agency’s diligent efforts, respondents failed to regularly visit their child and the mother continued to test positive for drugs (Matter of Daniella C.G., 25 AD3d 494 [2006], lv denied 6 NY3d 715 [2006]). The determination that it would be in the child’s best interests to terminate parental rights and free her for adoption is supported by a preponderance of the evidence (Matter of Star Leslie W., 63 NY2d 136 [1984]). The circumstances do not warrant a suspended judgment (Matter of Mary-Athena A.C., 19 AD3d 140 [2005]). Concur—Mazzarelli, J.E, Andrias, Sullivan, McGuire and Malone, JJ.

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Bluebook (online)

33 A.D.3d 449, 821 N.Y.S.2d 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-chanyah-h-nyappdiv-2006.

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