Opinion
60096009A
03-15-2018
IN RE ANISSA JAQUANNA AISHAH H., and Another, Dependent Children Under the Age of Eighteen, etc., Gregory C. (Anonymous), Respondent–Appellant, v. Catholic Guardian Services, Petitioner–Respondent.
Geoffrey P. Berman, Larchmont, for appellant. MaGovern & Sclafani, Mineola (Joanna M. Roberson of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Marianne Allegro of counsel), attorney for the children.
Geoffrey P. Berman, Larchmont, for appellant.
MaGovern & Sclafani, Mineola (Joanna M. Roberson of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Marianne Allegro of counsel), attorney for the children.
Manzanet–Daniels, J.P., Tom, Mazzarelli, Webber, Kern, JJ.
Orders, Family Court, Bronx County (Valerie Pels, J.), entered on or about November 1, 2016, which granted petitioner's motion for summary judgment awarding it custody and guardianship of the subject children, unanimously affirmed, without costs.
Family Court's finding that respondent father violated the terms of a March 2014 suspended judgment is supported by a preponderance of the evidence (see Matter ofKendra C.R. [Charles R.], 68 A.D.3d 467, 890 N.Y.S.2d 51 [1st Dept. 2009], lv dismissed in part, denied in part 14 N.Y.3d 870, 903 N.Y.S.2d 329, 929 N.E.2d 391 [2010] ). Respondent repeatedly failed to submit to drug screens and, when he submitted, tested positive for phencyclidine (PCP), among other things.
The court's determination that the children's best interests would be served by terminating respondent's parental rights is supported by a preponderance of the evidence (see e.g. Matter ofMykle Andrew P., 55 A.D.3d 305, 865 N.Y.S.2d 50 [1st Dept. 2008] ). The children have resided for several years in a stable foster home, where their physical and emotional needs have been cared for and they are happy and well adjusted, and their foster mother wishes to adopt them. Respondent failed to demonstrate that exceptional circumstances exist warranting an extension of the suspended judgment or that yet another attempt to reunite the family is in the best interests of the children (see e.g. Matter ofJustin S. [Nereida V.], 121 A.D.3d 405, 993 N.Y.S.2d 308 [1st Dept. 2014] ; Matter ofSjuqwan Anthony Zion Perry M. [Charnise Antonia M.], 111 A.D.3d 473, 474, 975 N.Y.S.2d 387 [1st Dept. 2013], lv denied 22 N.Y.3d 864, 2014 WL 1281926 [2014] ).