In re Samuel Enrique S.

Appellate Division of the Supreme Court of New York

In re Samuel Enrique S.

282 A.D.2d 282, 722 N.Y.S.2d 872, 2001 N.Y. App. Div. LEXIS 3590

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

DecidedApril 12, 2001

StatusPublished

This text of 282 A.D.2d 282 (In re Samuel Enrique 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.

Bluebook

In re Samuel Enrique S., 282 A.D.2d 282, 722 N.Y.S.2d 872, 2001 N.Y. App. Div. LEXIS 3590 (N.Y. Ct. App. 2001).

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Opinion

—Orders of disposition, Family Court, Bronx County (Marjory Fields, J.), both entered on or about December 22, 1998, insofar as appealed from, terminating respondent father’s parental rights to the subject children and committing their custody and guardianship to petitioner agency and the Commissioner of Social Services for the purposes of adoption, upon a fact-finding determination of permanent neglect, unanimously affirmed, without costs.

Clear and convincing evidence supports the finding that respondent neglected the children by failing to plan for their future. During the relevant time period, respondent failed to offer a viable resource for the children, or attend therapy for or even acknowledge his problem with domestic violence as initially required in order to be considered as a resource (see, Matter of Joseph Jerome H., 224 AD2d 224; Matter of Vincent Anthony C., 235 AD2d 283). There is also ample support for finding that, after five years in foster care, it is in the children’s best interests to be adopted by their foster family. We are not convinced otherwise by respondent’s participation in a domestic violence program after the fact-finding decision was rendered (see, Matter of Todd Anthony C., 220 AD2d 206; Matter of H. C. Children, 235 AD2d 358). Concur — Williams, J. P., Ellerin, Wallach, Lerner and Rubin, JJ.

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—Orders of disposition, Family Court, Bronx County (Marjory Fields, J.), both entered on or about December 22, 1998, insofar as appealed from, terminating respondent father’s parental rights to the subject children and committing their custody and guardianship to petitioner agency and the Commissioner of Social Services for the purposes of adoption, upon a fact-finding determination of permanent neglect, unanimously affirmed, without costs.

Clear and convincing evidence supports the finding that respondent neglected the children by failing to plan for their future. During the relevant time period, respondent failed to offer a viable resource for the children, or attend therapy for or even acknowledge his problem with domestic violence as initially required in order to be considered as a resource (see, Matter of Joseph Jerome H., 224 AD2d 224; Matter of Vincent Anthony C., 235 AD2d 283). There is also ample support for finding that, after five years in foster care, it is in the children’s best interests to be adopted by their foster family. We are not convinced otherwise by respondent’s participation in a domestic violence program after the fact-finding decision was rendered (see, Matter of Todd Anthony C., 220 AD2d 206; Matter of H. C. Children, 235 AD2d 358). Concur — Williams, J. P., Ellerin, Wallach, Lerner and Rubin, JJ.

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Bluebook (online)

282 A.D.2d 282, 722 N.Y.S.2d 872, 2001 N.Y. App. Div. LEXIS 3590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-samuel-enrique-s-nyappdiv-2001.

Opinion

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