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In re Chestina Mae S.

Appellate Division of the Supreme Court of New York, Second Department
Aug 11, 2003
307 A.D.2d 973 (N.Y. App. Div. 2003)

Opinion

2001-01901, 2001-09102

Submitted June 13, 2003.

August 11, 2003.

In two related proceedings pursuant to Social Services Law § 384-b to terminate parental rights on the ground of permanent neglect, the mother appeals, as limited by her brief, from so much of two orders of disposition of the Family Court, Queens County (Salinitro, J.), both dated February 5, 2001 (one as to each child), as, after a fact-finding hearing, terminated her parental rights and transferred custody and guardianship of the children to the Commissioner of Social Services of the City of New York and St. Vincent's Services, Inc., for the purpose of adoption.

Jeffrey C. Bluth, Brooklyn, N.Y., for appellant.

Magovern Sclafani, New York, N.Y. (David A. Lore of counsel), for respondent.

Monica Drinane, New York, N.Y. (Robyne Camp and Judith Waksberg of counsel), Law Guardian for the children.

Before: FRED T. SANTUCCI, J.P., LEO F. McGINITY, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the orders are affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother's contention, the petitioner established by clear and convincing evidence that she permanently neglected her children by failing to plan for their future, despite the petitioner's diligent efforts to strengthen her relationship with her children, reunite them, and arrange for counseling ( see Social Services Law § 384-b; Matter of Star Leslie W., 63 N.Y.2d 136; Matter of Nancy O., 295 A.D.2d 616).

The paramount concern is the best interests of the children ( see Matter of Jeremiah R., 266 A.D.2d 553, 554). There is ample evidence that the best interests of the subject children would be served by freeing them for adoption.

SANTUCCI, J.P., McGINITY, TOWNES and MASTRO, JJ., concur.


Summaries of

In re Chestina Mae S.

Appellate Division of the Supreme Court of New York, Second Department
Aug 11, 2003
307 A.D.2d 973 (N.Y. App. Div. 2003)
Case details for

In re Chestina Mae S.

Case Details

Full title:IN THE MATTER OF CHESTINA MAE S. (ANONYMOUS). ST. VINCENT'S SERVICES…

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

Date published: Aug 11, 2003

Citations

307 A.D.2d 973 (N.Y. App. Div. 2003)
763 N.Y.S.2d 473