In re Malcolm Johnathin S.

Appellate Division of the Supreme Court of New York

In re Malcolm Johnathin S.

12 A.D.3d 517, 783 N.Y.S.2d 869, 2004 N.Y. App. Div. LEXIS 13645

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

DecidedNovember 15, 2004

StatusPublished

This text of 12 A.D.3d 517 (In re Malcolm Johnathin S.) 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 Malcolm Johnathin S., 12 A.D.3d 517, 783 N.Y.S.2d 869, 2004 N.Y. App. Div. LEXIS 13645 (N.Y. Ct. App. 2004).

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Opinion

In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals from an order of fact-finding and disposition of the Family Court, Kings County (Staton, J.), dated June 18, 2003, which after fact-finding and dispositional hearings, found that he permanently neglected the subject child, terminated his parental rights, and transferred custody and guardianship of the subject child jointly to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.

Ordered that the order is affirmed, without costs and disbursements.

Contrary to the father’s contention, the petitioner met its [518]*518burden of establishing, by clear and convincing evidence, that despite its diligent efforts to encourage and strengthen the parental relationship, he permanently neglected his child by failing to plan for his future (see Social Services Law § 384-b [7] [a]; Matter of Star Leslie W., 63 NY2d 136, 142-143 [1984]; cf. Matter of Sheila G., 61 NY2d 368 [1984]).

The evidence supported the Family Court’s determination that termination of the father’s parental rights was in the best interests of the child (see Social Services Law § 384-b [1] [b]; Matter of Star Leslie W., supra at 147-148). Smith, J.P., H. Miller, Crane and Spolzino, JJ., concur.

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In a proceeding pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals from an order of fact-finding and disposition of the Family Court, Kings County (Staton, J.), dated June 18, 2003, which after fact-finding and dispositional hearings, found that he permanently neglected the subject child, terminated his parental rights, and transferred custody and guardianship of the subject child jointly to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.

Ordered that the order is affirmed, without costs and disbursements.

Contrary to the father’s contention, the petitioner met its [518]*518burden of establishing, by clear and convincing evidence, that despite its diligent efforts to encourage and strengthen the parental relationship, he permanently neglected his child by failing to plan for his future (see Social Services Law § 384-b [7] [a]; Matter of Star Leslie W., 63 NY2d 136, 142-143 [1984]; cf. Matter of Sheila G., 61 NY2d 368 [1984]).

The evidence supported the Family Court’s determination that termination of the father’s parental rights was in the best interests of the child (see Social Services Law § 384-b [1] [b]; Matter of Star Leslie W., supra at 147-148). Smith, J.P., H. Miller, Crane and Spolzino, JJ., concur.

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12 A.D.3d 517, 783 N.Y.S.2d 869, 2004 N.Y. App. Div. LEXIS 13645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-malcolm-johnathin-s-nyappdiv-2004.

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