Matter of Kaylina Desire Shonte J.

Matter of Kaylina Desire Shonte J. 2008 NY Slip Op 09920 [57 AD3d 365] December 18, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

In the Matter of Kaylina Desire Shonte J., a Child Alleged to be Permanently Neglected. Jessica Isabella T., Appellant; Children's Aid Society, Respondent.

—[*1] Lisa H. Blitman, New York, for appellant.

Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), Law Guardian.

Order, Family Court, New York County (Jody Adams, J.), entered on or about February 15, 2007, which terminated respondent's parental rights and committed the subject child's guardianship and custody to the petitioner agency and the Commissioner of Social Services for the purpose of adoption, unanimously affirmed, and the appeal from the underlying fact-finding determination of permanent neglect dismissed, without costs.

There can be no review of the finding of permanent neglect, made upon respondent's default at the fact-finding hearing (Matter of Baby Girl F., 17 AD3d 224 [2005]). Termination of parental rights is amply supported by the record, which reveals diligent efforts by the agency to encourage the parental relationship and provide numerous services, despite respondent's noncooperation and indifference (Matter of Byron Christopher Malik J., 309 AD2d 669 [2003]). Respondent failed to plan for the future or maintain visitation (Social Services Law § 384-[*2]b [7] [a]), and was thus unable to assume responsibility for a child who is now thriving in her preadoptive environment. Concur—Mazzarelli, J.P., Gonzalez, Catterson, McGuire and Acosta, JJ.