In re Paul T.D.

Appellate Division of the Supreme Court of New York

In re Paul T.D.

19 A.D.3d 1048, 796 N.Y.S.2d 291, 2005 N.Y. App. Div. LEXIS 6223

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

DecidedJune 10, 2005

StatusPublished

This text of 19 A.D.3d 1048 (In re Paul T.D.) 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 Paul T.D., 19 A.D.3d 1048, 796 N.Y.S.2d 291, 2005 N.Y. App. Div. LEXIS 6223 (N.Y. Ct. App. 2005).

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Opinion

[1049]*1049Appeal from an order of the Family Court, Seneca County (Dennis F. Bender, J.), entered May 5, 2004 in a proceeding pursuant to Social Services Law § 384-b. The order adjudicated respondent’s children to be permanently neglected and terminated respondent’s parental rights.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court properly adjudicated respondent’s children to be permanently neglected and terminated respondent’s parental rights. Contrary to respondent’s contention, petitioner met its burden of establishing by clear and convincing evidence that it made the requisite diligent efforts to encourage and strengthen respondent’s relationship with the children (see Social Services Law § 384-b [7] [a]; Matter of Geoffrey N., 16 AD3d 1167 [2005]; see generally Matter of Star Leslie W., 63 NY2d 136, 142 [1984]). “An agency faced with an uncooperative parent will be deemed to have fulfilled its duty to make diligent efforts” (Matter of Travis Devon B., 295 AD2d 205, 205 [2002]; see also Matter of Tommy R., 298 AD2d 967, 968 [2002], lv denied 99 NY2d 505 [2003]). Present—Green, J.P., Hurlbutt, Scudder, Pine and Lawton, JJ.

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[1049]*1049Appeal from an order of the Family Court, Seneca County (Dennis F. Bender, J.), entered May 5, 2004 in a proceeding pursuant to Social Services Law § 384-b. The order adjudicated respondent’s children to be permanently neglected and terminated respondent’s parental rights.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Family Court properly adjudicated respondent’s children to be permanently neglected and terminated respondent’s parental rights. Contrary to respondent’s contention, petitioner met its burden of establishing by clear and convincing evidence that it made the requisite diligent efforts to encourage and strengthen respondent’s relationship with the children (see Social Services Law § 384-b [7] [a]; Matter of Geoffrey N., 16 AD3d 1167 [2005]; see generally Matter of Star Leslie W., 63 NY2d 136, 142 [1984]). “An agency faced with an uncooperative parent will be deemed to have fulfilled its duty to make diligent efforts” (Matter of Travis Devon B., 295 AD2d 205, 205 [2002]; see also Matter of Tommy R., 298 AD2d 967, 968 [2002], lv denied 99 NY2d 505 [2003]). Present—Green, J.P., Hurlbutt, Scudder, Pine and Lawton, JJ.

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Bluebook (online)

19 A.D.3d 1048, 796 N.Y.S.2d 291, 2005 N.Y. App. Div. LEXIS 6223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-paul-td-nyappdiv-2005.

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