Matter of Kie Asia T. (Shaneene T.)

Matter of Kie Asia T. v Shaneene T. 2011 NY Slip Op 08197 Decided on November 15, 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 November 15, 2011
Mazzarelli, J.P., Catterson, Moskowitz, Renwick, Abdus-Salaam, JJ.
6007B

[*1]6007-In re Kie Asia T., and Others, 6007A- Children Under the Age of Eighteen Years, etc.,

and

Shaneene T., Respondent-Appellant, Saint Dominic's Home, Petitioner-Respondent.




Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel
of counsel), for appellant.
Warren & Warren, P.C., Brooklyn (Ira L. Eras of counsel), for
respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Diane
Pazar of counsel), attorney for the children.

Orders of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about May 21, 2010, which terminated respondent mother's parental rights, following fact-finding determinations that the mother permanently neglected the subject children, and committed the guardianship and custody of the children to Saint Dominic's Home and the Administration for Children's services for the purpose of adoption, unanimously affirmed, without costs.

The finding of permanent neglect entered against the mother was supported by clear and convincing evidence. Despite her completion of the recommended services, she was unable to demonstrate the necessary parenting skills, failed to consistently visit with the children, and failed to adequately plan for them because of her inability to separate from the father. The father continuously failed at his attempts at alcohol rehabilitation to the point of showing up smelling of alcohol for visits with the children. In addition, he did not complete anger management courses despite the two domestic violence petitions the mother had filed against him (see e.g. Matter of Jessica Victoria S., 47 AD3d 428 [2008]; Matter of Monica Betzy D., 291 AD2d 289 [2002]).

It was in the best interests of the children to terminate the mother's parental rights in order to free the children for adoption by their foster mother, with whom they had already resided for three and one half years and who provided the children with a stable, nurturing, well-supported environment (see e.g. Matter of Toyie Fannie J., 77 AD3d 449 [2010]). [*2]

We have considered the remaining arguments, including the mother's request for a suspended judgment, and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 15, 2011

CLERK