Opinion
5116 5116A
12-05-2017
IN RE ANDREA L.P., and Others, Dependent Children under the Age of Eighteen, etc., Cassandra M.P., Respondent–Appellant, Cardinal McCloskey Community Services, Petitioner–Respondent.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant. Geoffrey P. Berman, Larchmont, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.
Law Office of Lewis S. Calderon, Jamaica (Lewis S. Calderon of counsel), for appellant.
Geoffrey P. Berman, Larchmont, for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the children.
Gische, J.P., Kapnick, Oing, Moulton, JJ.
Orders, Family Court, New York County (Stewart Weinstein, J.), entered on or about October 13, 2016, which, upon a finding of permanent neglect, terminated respondent mother's parental rights to the subject children and committed custody and guardianship of the children to petitioner agency and the Commissioner of the Administration for Children's Services for the purpose of adoption, unanimously affirmed, without costs.
This Court previously determined that the agency met its burden of establishing permanent neglect ( 140 A.D.3d 477, 34 N.Y.S.3d 13 [1st Dept. 2016] ). On remittitur, the Family Court properly determined that a preponderance of the evidence established that termination of the mother's parental rights was in the children's best interests (see Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ).
A suspended judgment was not warranted under the circumstances, because there was no evidence that respondent had a realistic and feasible plan to provide an adequate and stable home for the children, all of whom have special needs (see Matter of Charles Jahmel M. [Charles E.M.], 124 A.D.3d 496, 2 N.Y.S.3d 98 [1st Dept. 2015], lv denied 25 N.Y.3d 905, 10 N.Y.S.3d 524, 32 N.E.3d 961 [2015] ; Matter of Jesus Michael P. [Sonia R.], 122 A.D.3d 520, 996 N.Y.S.2d 41 [1st Dept. 2014] ). There is also no evidence that further delay will result in a different outcome, and the children, having been in foster care since 2012, deserve permanency after this extended period of uncertainty ((see Matter of Selvin Adolph F. [Thelma Lynn W.], 146 A.D.3d 418, 44 N.Y.S.3d 397 [1st Dept. 2017] ; Matter of Autumn P. [Alisa R.], 129 A.D.3d 519, 11 N.Y.S.3d 149 [1st Dept. 2015] ). Furthermore, it is noted that the evidence at the hearing showed that respondent will be able to continue to see the children after the adoption ( Selvin Adolph F. at 419, 44 N.Y.S.3d 397).