In re Lionel Burton W.

Appellate Division of the Supreme Court of New York

In re Lionel Burton W.

30 A.D.3d 355, 818 N.Y.S.2d 72

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

DecidedJune 29, 2006

StatusPublished

Cited by3 cases

This text of 30 A.D.3d 355 (In re Lionel Burton W.) 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 Lionel Burton W., 30 A.D.3d 355, 818 N.Y.S.2d 72 (N.Y. Ct. App. 2006).

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Opinion

[356]*356Order of disposition, Family Court, New York County (Jody Adams, J.), entered April 1, 2005, which, upon a fact-finding determination of permanent neglect, terminated respondents’ 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 purposes of adoption, unanimously affirmed, without costs.

The findings of permanent neglect are supported by clear and convincing evidence that, inter alia, respondent mother failed to address her drug addiction despite petitioner agency’s diligent efforts referring her to drug treatment program (Social Services Law § 384-b [7] [f]; see Matter of Michael M., 172 AD2d 152 [1991]), and that respondent father failed to plan for the child’s future independently of the mother despite being encouraged to do so by the agency (see Matter of Monica Betzy D., 291 AD2d 289 [2002]). The finding that termination of parental rights is in the child’s best interests is supported by a preponderance of the evidence showing, inter alia, that the child has been in foster care since birth and is thriving in a nurturing foster home. Concur—Tom, J.E, Mazzarelli, Marlow, Nardelli and Sweeny, JJ.

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[356]*356Order of disposition, Family Court, New York County (Jody Adams, J.), entered April 1, 2005, which, upon a fact-finding determination of permanent neglect, terminated respondents’ 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 purposes of adoption, unanimously affirmed, without costs.

The findings of permanent neglect are supported by clear and convincing evidence that, inter alia, respondent mother failed to address her drug addiction despite petitioner agency’s diligent efforts referring her to drug treatment program (Social Services Law § 384-b [7] [f]; see Matter of Michael M., 172 AD2d 152 [1991]), and that respondent father failed to plan for the child’s future independently of the mother despite being encouraged to do so by the agency (see Matter of Monica Betzy D., 291 AD2d 289 [2002]). The finding that termination of parental rights is in the child’s best interests is supported by a preponderance of the evidence showing, inter alia, that the child has been in foster care since birth and is thriving in a nurturing foster home. Concur—Tom, J.E, Mazzarelli, Marlow, Nardelli and Sweeny, JJ.

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Bluebook (online)

30 A.D.3d 355, 818 N.Y.S.2d 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lionel-burton-w-nyappdiv-2006.

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