In re Jessica Yvette E.

Appellate Division of the Supreme Court of New York

In re Jessica Yvette E.

248 A.D.2d 251, 668 N.Y.S.2d 886, 1998 N.Y. App. Div. LEXIS 2663

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

DecidedMarch 19, 1998

StatusPublished

This text of 248 A.D.2d 251 (In re Jessica Yvette E.) 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 Jessica Yvette E., 248 A.D.2d 251, 668 N.Y.S.2d 886, 1998 N.Y. App. Div. LEXIS 2663 (N.Y. Ct. App. 1998).

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Opinion

—Order of disposition, Family Court, Bronx County (Susan Larabee, J.), entered on or about March 29, 1996, terminating respondent’s parental rights and committing custody and guardianship of the subject child to the Commissioner of Social Services and petitioner agency for the purpose of adoption, upon a fact-finding determination of permanent neglect, unanimously affirmed, without costs.

We defer to Family Court’s finding, which turned largely on its assessment of witness credibility, that respondent failed for a lengthy period of time to keep the agency apprised of her whereabouts (see, Matter of Irene O., 38 NY2d 776, 777), and that efforts to encourage and strengthen the parental relationship during that period of time were not possible. Thereafter, when the agency did know of respondent’s whereabouts, the evidence clearly demonstrates that the agency did all that could reasonably be expected to encourage and strengthen the parental relationship, but that its efforts were thwarted by respondent’s complete lack of cooperation. We agree with Family Court that the child’s best interests are served by freeing her for adoption.

Concur — Lerner, P. J., Sullivan, Rosenberger, Nardelli and Andrias, JJ.

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—Order of disposition, Family Court, Bronx County (Susan Larabee, J.), entered on or about March 29, 1996, terminating respondent’s parental rights and committing custody and guardianship of the subject child to the Commissioner of Social Services and petitioner agency for the purpose of adoption, upon a fact-finding determination of permanent neglect, unanimously affirmed, without costs.

We defer to Family Court’s finding, which turned largely on its assessment of witness credibility, that respondent failed for a lengthy period of time to keep the agency apprised of her whereabouts (see, Matter of Irene O., 38 NY2d 776, 777), and that efforts to encourage and strengthen the parental relationship during that period of time were not possible. Thereafter, when the agency did know of respondent’s whereabouts, the evidence clearly demonstrates that the agency did all that could reasonably be expected to encourage and strengthen the parental relationship, but that its efforts were thwarted by respondent’s complete lack of cooperation. We agree with Family Court that the child’s best interests are served by freeing her for adoption.

Concur — Lerner, P. J., Sullivan, Rosenberger, Nardelli and Andrias, JJ.

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Bluebook (online)

248 A.D.2d 251, 668 N.Y.S.2d 886, 1998 N.Y. App. Div. LEXIS 2663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jessica-yvette-e-nyappdiv-1998.

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