Opinion
892 CAF 18-00088
09-27-2019
In the MATTER OF BROOKE T. Oswego County Department of Social Services,Petitioner–Respondent; v. Terri T., Respondent-Appellant.
ROBERT GALLAMORE, OSWEGO, FOR RESPONDENT-APPELLANT. JEFFERY G. TOMPKINS, CAMDEN, FOR PETITIONER-RESPONDENT. WALTER J. BURKARD, MANLIUS, ATTORNEY FOR THE CHILD.
ROBERT GALLAMORE, OSWEGO, FOR RESPONDENT-APPELLANT.
JEFFERY G. TOMPKINS, CAMDEN, FOR PETITIONER-RESPONDENT.
WALTER J. BURKARD, MANLIUS, ATTORNEY FOR THE CHILD.
PRESENT: WHALEN, P.J., SMITH, CENTRA, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Social Services Law § 384–b, respondent mother appeals from an order that, inter alia, terminated her parental rights with respect to the subject child on the ground of permanent neglect and transferred guardianship and custody of the child to petitioner. We affirm.
Contrary to the mother's contention, petitioner established by clear and convincing evidence that it made the requisite diligent efforts to encourage and strengthen her relationship with the child (see Matter of Soraya S. [Kathryne T.] , 158 A.D.3d 1305, 1305–1306, 70 N.Y.S.3d 737 [4th Dept. 2018], lv denied 31 N.Y.3d 908, 2018 WL 2728503 [2018] ; Matter of Holden W. [Kelly W.] , 81 A.D.3d 1390, 1390, 917 N.Y.S.2d 589 [4th Dept. 2011], lv denied 16 N.Y.3d 712, 2011 WL 1675781 [2011] ). Contrary to the mother's further contention, she was not denied effective assistance of counsel (see Matter of Deanna E.R. [Latisha M.] , 169 A.D.3d 691, 692, 93 N.Y.S.3d 375 [2d Dept. 2019] ; Matter of Kelsey R.K. [John J.K.] , 113 A.D.3d 1139, 1140, 978 N.Y.S.2d 560 [4th Dept. 2014], lv denied 22 N.Y.3d 866, 2014 WL 1362321 [2014] ). Finally, Family Court did not err in failing, sua sponte, to appoint a guardian ad litem for the mother (see Matter of Leala T. , 55 A.D.3d 1007, 1008, 871 N.Y.S.2d 731 [3d Dept. 2008] ; cf. Matter of Jesten J.F. [Ruth P.S.] , 167 A.D.3d 1527, 1527–1529 [4th Dept. 2018] ).