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In re Rutherford Roderick T.

4 A.D.3d 213, 772 N.Y.S.2d 49, 2004 N.Y. App. Div. LEXIS 1770
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 19, 2004
StatusPublished
Cited by17 cases

This text of 4 A.D.3d 213 (In re Rutherford Roderick T.) 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 Rutherford Roderick T., 4 A.D.3d 213, 772 N.Y.S.2d 49, 2004 N.Y. App. Div. LEXIS 1770 (N.Y. Ct. App. 2004).

Opinion

Orders of disposition, Family Court, Bronx County (Carol [214]*214Stokinger, J.), entered on or about August 16, 2001, insofar as appealed from, terminating respondent father’s parental rights to the subject children upon a finding of permanent neglect, and committing the children’s custody and guardianship to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.

The finding of permanent neglect is supported by clear and convincing evidence that respondent failed to complete a drug rehabilitation program before the filing of the petition, despite the agency’s diligent efforts to help him do so (see Matter of Natajha Starr M., 204 AD2d 232 [1994], lv denied 84 NY2d 806 [1994]). Nor is a suspended judgment warranted by evidence that respondent no longer uses drugs. At the dispositional hearing, there was ample evidence that the children were thriving in the foster home they have lived in for virtually their entire respective lives, and no evidence as to how respondent planned to provide them with an adequate and stable home (see Matter of Michael B., 80 NY2d 299, 310-311 [1992]; Matter of Latasha W., 268 AD2d 340 [2000]). Concur—Mazzarelli, J.E, Williams, Friedman and Gonzalez, JJ.

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Bluebook (online)
4 A.D.3d 213, 772 N.Y.S.2d 49, 2004 N.Y. App. Div. LEXIS 1770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rutherford-roderick-t-nyappdiv-2004.