In re Victoria Vicky F.

Appellate Division of the Supreme Court of New York

In re Victoria Vicky F.

265 A.D.2d 223, 696 N.Y.S.2d 160, 1999 N.Y. App. Div. LEXIS 10670

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

DecidedOctober 21, 1999

StatusPublished

This text of 265 A.D.2d 223 (In re Victoria Vicky F.) 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 Victoria Vicky F., 265 A.D.2d 223, 696 N.Y.S.2d 160, 1999 N.Y. App. Div. LEXIS 10670 (N.Y. Ct. App. 1999).

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Opinion

—Orders of disposition, Family Court, New York County (Rhoda Cohen, J.), entered on or about July 21, 1997, which, to the extent appealed from, upon a finding of permanent neglect, terminated the parental rights of respondent putative father and committed custody and guardianship of the subject children to the Commissioner of Social Services and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.

Based largely on its assessments of witness credibility, Family Court properly found by clear and convincing evidence that petitioner agency exercised “diligent efforts” to reunite respondent with the subject children (Matter of Sheila G., 61 NY2d 368, 384), and that he nonetheless failed to stay in contact with the children during the relevant statutory period, or to plan for their future (see, Matter of Star Leslie W., 63 NY2d 136, 143-145). The record also sufficiently demonstrates that the disposition is the option most in accord with the children’s best interests (see, supra, at 147-148). Concur — Ellerin, P. J., Wallach, Lerner, Rubin and Buckley, JJ.

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—Orders of disposition, Family Court, New York County (Rhoda Cohen, J.), entered on or about July 21, 1997, which, to the extent appealed from, upon a finding of permanent neglect, terminated the parental rights of respondent putative father and committed custody and guardianship of the subject children to the Commissioner of Social Services and petitioner agency for the purpose of adoption, unanimously affirmed, without costs.

Based largely on its assessments of witness credibility, Family Court properly found by clear and convincing evidence that petitioner agency exercised “diligent efforts” to reunite respondent with the subject children (Matter of Sheila G., 61 NY2d 368, 384), and that he nonetheless failed to stay in contact with the children during the relevant statutory period, or to plan for their future (see, Matter of Star Leslie W., 63 NY2d 136, 143-145). The record also sufficiently demonstrates that the disposition is the option most in accord with the children’s best interests (see, supra, at 147-148). Concur — Ellerin, P. J., Wallach, Lerner, Rubin and Buckley, JJ.

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Bluebook (online)

265 A.D.2d 223, 696 N.Y.S.2d 160, 1999 N.Y. App. Div. LEXIS 10670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-victoria-vicky-f-nyappdiv-1999.

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