Matter of Dynasia C. (Domonique C.)

Matter of Dynasia C. v Domonique C. 2011 NY Slip Op 06590 Decided on September 27, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 27, 2011
Andrias, J.P., Sweeny, Moskowitz, Richter, Román, JJ.
5574

[*1]In re Dynasia C., A Child Under the Age of Eighteen Years, etc.,

and

Domonique C., Respondent-Appellant, Cardinal McCloskey Services, et al., Petitioners-Respondents.



 
Howard M. Simms, New York, for appellant.
Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of
counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Judith
Waksberg of counsel), and DLA Piper LLP (US), New York (Cary B.
Samowitz of counsel), attorneys for the child.

Order, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about April 20, 2010, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the subject child and committed custody and guardianship of the child to petitioner agency and the Commissioner of Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence supports the finding that respondent permanently neglected her daughter (Social Services Law § 384-b[7][a],[f]; § 384-b[3][g][i]). The agency exercised diligent efforts to encourage and strengthen the parental relationship by formulating a service plan, arranging regularly scheduled visitation with the child, and referring respondent to a parenting skills course, housing assistance, and a GED program. Despite the agency's efforts, respondent failed to maintain contact with the child through consistent and regular visitation, and failed to obtain adequate housing and a stable source of income. (Matter of Aisha C., 58 AD3d 471 [2009], lv denied 12 NY3d 706 [2009].)

A preponderance of the evidence supports the finding that it is in the child's best interests to terminate respondent's parental rights so as to free the child for adoption by her foster mother, in whose home she has lived for most of her life
and has thrived (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). Under the circumstances, a suspended judgment is not warranted (see Matter of Isabella Star G., 66 AD3d 536, 537 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. [*2]

ENTERED: SEPTEMBER 27, 2011

CLERK