Matter of W J. (B J.)

Matter of Matter of W J. (B J.) 2012 NY Slip Op 06605 Decided on October 3, 2012 Appellate Division, Second 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 October 3, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
2011-08787
(Docket Nos. B-2978-10, B-2979-10, B-2982-10, B-2983-10)

[*1]In the Matter of W. J. (Anonymous). Rockland County Department of Social Services, respondent;

and

B. J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of A. J.(Anonymous). Rockland County Department of Social Services, respondent; B. J. (Anonymous), appellant. (Proceeding No. 2) (and two related proceedings)




Arleen Lewis, Blauvelt, N.Y., for appellant.
Jeffrey Fortunato, Acting County Attorney, New City, N.Y.
(Radhika Nagubandi of counsel), for
petitioner-respondent.
Harvey A. Eilbaum, New City, N.Y., attorney for the children.


DECISION & ORDER

In related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the father appeals, as limited by his brief, from so much of an order of fact-finding and disposition of the Family Court, Rockland County (Edwards, J.), dated August 15, 2011, as, after fact-finding and dispositional hearings, found that he permanently neglected the subject children, terminated his parental rights, and transferred the custody and guardianship of the children to the Rockland County Department of Social Services for the purpose of adoption.

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the father's contention, the Family Court properly determined that the petitioner established, by clear and convincing evidence, that it exercised diligent efforts to encourage and strengthen the parental relationship by, among other things, attempting to help him find adequate housing and referring him to parenting classes and therapy (see Social Services Law § 384-b[7]; Matter of Star Leslie W., 63 NY2d 136, 142). Despite those efforts, the father failed to plan for the future of the children by failing to complete the necessary programs and failing to take steps to acquire appropriate housing (see Matter of Beyonce H. [Baranaca H.], 85 AD3d 1168). Accordingly, the Family Court properly found that the father permanently neglected the children. [*2]

Furthermore, the Family Court properly determined that it was in the best interests of the children to terminate the father's parental rights, thus freeing the children for adoption by their foster parents (see Matter of Anthony R. [Juliann A.], 90 AD3d 1055).
ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court