In re Yvonne Cecilea Y.

Appellate Division of the Supreme Court of New York

In re Yvonne Cecilea Y.

293 A.D.2d 423, 740 N.Y.S.2d 860, 2002 N.Y. App. Div. LEXIS 4371

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

DecidedApril 30, 2002

StatusPublished

Cited by3 cases

This text of 293 A.D.2d 423 (In re Yvonne Cecilea Y.) 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 Yvonne Cecilea Y., 293 A.D.2d 423, 740 N.Y.S.2d 860, 2002 N.Y. App. Div. LEXIS 4371 (N.Y. Ct. App. 2002).

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Opinion

Orders of disposition, Family Court, New York County (Sara Schechter, J.), entered on or about November 9, 2000, adjudging the subject children to be permanently ne[424]*424glected, terminating respondent’s parental rights and transferring the children’s guardianship and custody to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.

Clear and convincing evidence supports Family Court’s finding that respondent failed to cooperate with the agency’s diligent efforts to arrange the individual therapy deemed the necessary first step to any adequate plan for return of the children (Social Services Law § 384-b [7] [c]; see, Matter of Star Leslie W., 63 NY2d 136, 144). Given the evidence at the dispositional hearing showing respondent’s continuing inability to consistently attend and complete a therapy program, the suspended judgment she sought would not be in the children’s best interests. There is no support in the record for respondent’s claim that the foster mother discouraged visitation or that the agency failed to facilitate positive visits. Concur—Nardelli, J.P., Sullivan, Ellerin, Lerner and Rubin, JJ.

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Orders of disposition, Family Court, New York County (Sara Schechter, J.), entered on or about November 9, 2000, adjudging the subject children to be permanently ne[424]*424glected, terminating respondent’s parental rights and transferring the children’s guardianship and custody to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.

Clear and convincing evidence supports Family Court’s finding that respondent failed to cooperate with the agency’s diligent efforts to arrange the individual therapy deemed the necessary first step to any adequate plan for return of the children (Social Services Law § 384-b [7] [c]; see, Matter of Star Leslie W., 63 NY2d 136, 144). Given the evidence at the dispositional hearing showing respondent’s continuing inability to consistently attend and complete a therapy program, the suspended judgment she sought would not be in the children’s best interests. There is no support in the record for respondent’s claim that the foster mother discouraged visitation or that the agency failed to facilitate positive visits. Concur—Nardelli, J.P., Sullivan, Ellerin, Lerner and Rubin, JJ.

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293 A.D.2d 423, 740 N.Y.S.2d 860, 2002 N.Y. App. Div. LEXIS 4371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-yvonne-cecilea-y-nyappdiv-2002.

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