Matter of "Baby Boy" S. v L'Tanya S.

Matter of "Baby Boy" S. 2005 NY Slip Op 09257 [24 AD3d 161] December 6, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

In the Matter of"Baby Boy" S., Also Known as Noel S., a Child Alleged to be Permanently Neglected. L'Tanya S., Appellant; Catholic Home Bureau For Dependent Children, Respondent.

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Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about September 18, 2003, upon a fact-finding determination of permanent neglect, terminating respondent's parental rights to the subject child and committing the child's custody and guardianship to petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, without costs.

A preponderance of the evidence at the dispositional hearing shows that while respondent had made some progress in eliminating the problems that led to the child's placement, the progress was insufficient to warrant a suspended judgment. Under the circumstances, adoption by the family with whom the child has lived since birth is in his best interests (see Matter of Maryline A., 22 AD3d 227 [2005]). Concur—Mazzarelli, J.P., Marlow, Williams, Sweeny and Catterson, JJ.