Matter of Alexander Achilles S. (Katherine Shanta S.)

Matter of Matter of Alexander Achilles S. (Katherine Shanta S.) 2011 NY Slip Op 08641 Decided on November 29, 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 29, 2011
Mazzarelli, J.P., Andrias, Friedman, Catterson, Freedman, JJ.
6160

[*1]In re Alexander Achilles S., A Dependent Child Under the Age of Eighteen Years, etc.,

and

Katherine Shanta S., Respondent-Appellant, The Children's Aid Society, et al., Petitioners-Respondents.




Joseph V. Moliterno, Scarsdale, for appellant.
Rosin Steinhagen Mendel, New York (Douglas H. Reiniger of
counsel), for respondents.
Howard M. Simms, New York, attorney for the child.

Order of disposition, Family Court, Bronx County (Jane Pearl, J.), entered on or about July 26, 2010, which, inter alia, upon a finding that respondent mother permanently neglected the subject child, terminated her parental rights and committed custody and guardianship of the child to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.

A preponderance of the evidence supports the finding that it is in the child's best interests to terminate respondent's parental rights and free the child for adoption by his foster mother (see Matter of Star Leslie W., 63 NY2d 136, 147-148 [1984]). The evidence demonstrated that the child, who has special needs, has been provided a loving and stable home environment by his foster mother, in whose care he has remained since the age of six months. The foster mother expressed a willingness to continue visitation between the child and his siblings. Furthermore, contrary to respondent's suggestion, a suspended judgment is not warranted under the circumstances (see Matter of Michael B., 80 NY2d 299, 311 [1992]).

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

ENTERED: NOVEMBER 29, 2011

CLERK