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In re Joseph Emmanuel N

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 2002
292 A.D.2d 295 (N.Y. App. Div. 2002)

Opinion

590, 590A, 590B, 590C, 590D, 590E, 590F, 590G

March 26, 2002.

Orders of disposition, Family Court, Bronx County (Allen Alpert, J.), entered on or about December 14, 2000, insofar as appealed from, which, upon a finding of permanent neglect, terminated respondent's parental rights to the subject children and committed their custody and guardianship to petitioner agency and the Commissioner of Social Services for the purposes of adoption, unanimously affirmed, without costs.

JUDITH WAKSBERG, for Joseph Emmanuel N.

RANDALL S. CARMEL, for respondent-appellant.

IRA ERAS, for petitioners-respondents.

Before: Nardelli, J.P., Mazzarelli, Buckley, Ellerin, Lerner, JJ.


Clear and convincing evidence supports Family Court's finding that, despite the agency's diligent efforts, respondent failed to complete a counseling program designed to address the problem created by her boyfriend that led to the children's placement (Social Service Law § 384-b[a],[c],[f][3]; see, Matter of Sheila G., 61 N.Y.2d 368, 384-385). Respondent's acknowledgment of the reason for such placement was a threshold step in any realistic plan for the children's future. Her inability to acknowledge the problem cannot be blamed on the agency, and the agency was not obligated to accommodate this lack of insight by formulating an alternative plan (see, Matter of Adrian M., 270 A.D.2d 93,lv denied 95 N.Y.2d 757). Given respondent's continued adamant refusal to acknowledge the problem, or to at least ameliorate it by separating from her boyfriend (see, Matter of Kimberly Rosemarie S., 211 A.D.2d 594, lv denied 85 N.Y.2d 809), the suspended judgment she urges would not be in the children's best interests.

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


Summaries of

In re Joseph Emmanuel N

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 2002
292 A.D.2d 295 (N.Y. App. Div. 2002)
Case details for

In re Joseph Emmanuel N

Case Details

Full title:IN RE JOSEPH EMMANUEL N., ET AL., DEPENDENT CHILDREN UNDER THE AGE OF…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 26, 2002

Citations

292 A.D.2d 295 (N.Y. App. Div. 2002)
740 N.Y.S.2d 300