Orange County Department of Social Services v. Kathy R.

Appellate Division of the Supreme Court of New York

Orange County Department of Social Services v. Kathy R.

211 A.D.2d 795, 621 N.Y.S.2d 903

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

DecidedJanuary 30, 1995

StatusPublished

This text of 211 A.D.2d 795 (Orange County Department of Social Services v. Kathy R.) 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

Orange County Department of Social Services v. Kathy R., 211 A.D.2d 795, 621 N.Y.S.2d 903 (N.Y. Ct. App. 1995).

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Opinion

In a proceeding pursuant to Social Services Law § 384-b (4) (d) to terminate parental rights on the ground of permanent neglect, the father appeals from (1) a decision of the Family Court, Orange County (Ludmerer, J.), entered January 21, 1992, which, after a hearing, found that the child was permanently neglected, and (2) an order of the same court, dated March 11, 1992, which, after a hearing, inter alia, terminated his parental rights.

[796]*796Ordered that the appeal from the decision is dismissed, without costs or disbursements, since no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the father’s contention, the petitioner, the Orange County Department of Social Services, satisfied its burden of proving permanent neglect by establishing that the father had failed to plan for the future of his child despite the petitioner’s diligent efforts to strengthen the parent-child relationship (see, Social Services Law § 384-b [7]; Matter of Rockland County Dept. of Social Servs. v Leroy W., 208 AD2d 848). Thus, the Family Court properly determined that it was in the best interests of the child to be freed for adoption. Bracken, J. P., Rosenblatt, O’Brien and Altman, JJ., concur.

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In a proceeding pursuant to Social Services Law § 384-b (4) (d) to terminate parental rights on the ground of permanent neglect, the father appeals from (1) a decision of the Family Court, Orange County (Ludmerer, J.), entered January 21, 1992, which, after a hearing, found that the child was permanently neglected, and (2) an order of the same court, dated March 11, 1992, which, after a hearing, inter alia, terminated his parental rights.

[796]*796Ordered that the appeal from the decision is dismissed, without costs or disbursements, since no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 AD2d 509); and it is further,

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the father’s contention, the petitioner, the Orange County Department of Social Services, satisfied its burden of proving permanent neglect by establishing that the father had failed to plan for the future of his child despite the petitioner’s diligent efforts to strengthen the parent-child relationship (see, Social Services Law § 384-b [7]; Matter of Rockland County Dept. of Social Servs. v Leroy W., 208 AD2d 848). Thus, the Family Court properly determined that it was in the best interests of the child to be freed for adoption. Bracken, J. P., Rosenblatt, O’Brien and Altman, JJ., concur.

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Bluebook (online)

211 A.D.2d 795, 621 N.Y.S.2d 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orange-county-department-of-social-services-v-kathy-r-nyappdiv-1995.

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