W., AIDEN J., MTR. OF

Appellate Division of the Supreme Court of New York

W., AIDEN J., MTR. OF

105 A.D.3d 1334, 963 N.Y.S.2d 883

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

DecidedApril 26, 2013

DocketCAF 11-01240

StatusPublished

This text of 105 A.D.3d 1334 (W., AIDEN J., MTR. OF) 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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W., AIDEN J., MTR. OF, 105 A.D.3d 1334, 963 N.Y.S.2d 883 (N.Y. Ct. App. 2013).

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Opinion

Appeal from an order of the Family Court, Niagara County (John F. Batt, J.), entered June 13, 2011 in a proceeding pursuant to Social Services Law § 384-b. The order terminated the parental rights of respondent.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

*1335 Memorandum: Respondent father appeals from an order finding that he permanently neglected his child and terminating his parental rights. We reject the father’s contention that Family Court failed to consider the appropriate factors, including the “special circumstances of an incarcerated parent,” in determining that the child was permanently neglected (Social Services Law § 384-b [7] [a]). Indeed, we agree with the court that the father “has failed to demonstrate any commitment to the responsibilities of parenthood and demonstrates a fundamental defect in his understanding of proper parenting responsibilities.” The petitioning agency is not required to “ ‘guarantee that the parent succeed in overcoming his or her predicaments’ . . . but, rather, the parent must ‘assume a measure of initiative and responsibility’ ” (Matter of Whytnei B. [Jeffrey B.], 77 AD3d 1340, 1341 [2010]).

Present—Smith, J.P., Peradotto, Lindley, Whalen and Martoche, JJ.

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Appeal from an order of the Family Court, Niagara County (John F. Batt, J.), entered June 13, 2011 in a proceeding pursuant to Social Services Law § 384-b. The order terminated the parental rights of respondent.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

*1335 Memorandum: Respondent father appeals from an order finding that he permanently neglected his child and terminating his parental rights. We reject the father’s contention that Family Court failed to consider the appropriate factors, including the “special circumstances of an incarcerated parent,” in determining that the child was permanently neglected (Social Services Law § 384-b [7] [a]). Indeed, we agree with the court that the father “has failed to demonstrate any commitment to the responsibilities of parenthood and demonstrates a fundamental defect in his understanding of proper parenting responsibilities.” The petitioning agency is not required to “ ‘guarantee that the parent succeed in overcoming his or her predicaments’ . . . but, rather, the parent must ‘assume a measure of initiative and responsibility’ ” (Matter of Whytnei B. [Jeffrey B.], 77 AD3d 1340, 1341 [2010]).

Present—Smith, J.P., Peradotto, Lindley, Whalen and Martoche, JJ.

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105 A.D.3d 1334, 963 N.Y.S.2d 883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-aiden-j-mtr-of-nyappdiv-2013.

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