Opinion
2002-11376, 2002-11380, 2002-11381.
Decided May 17, 2004.
In three 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 three orders of fact-finding and disposition of the Family Court, Kings County (Freeman, J.), all entered November 27, 2002 (one as to each child), made after a hearing, as terminated her parental rights and transferred guardianship and custody of the subject children to the petitioner and the Commissioner of Social Services of the City of New York for the purpose of adoption.
Mark Diamond, New York, N.Y., for appellant.
Magovern Sclafani, New York, N.Y. (David A. LoRe and Frederick J. Magovern of counsel), for respondent St. Vincent's Services, Inc. Monica Drinane, New York, N.Y. (Gary Solomon, Daniel Greenbaum, and Proskauer Rose LLP [John Ritchie] of counsel; Nathan Lander on the brief), Law Guardian for the children.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, HOWARD MILLER, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the orders are affirmed insofar as appealed from, without costs or disbursements.
The petitioner established by clear and convincing evidence that it made diligent efforts to encourage and strengthen the parental relationship between the mother and the subject children, who were in the petitioner's custody for several years ( see Matter of Joyce Marie B., 305 A.D.2d 589; Matter of Luno Scott A., 292 A.D.2d 602; Matter of La'Quan De'Vota H., 259 A.D.2d 486) . The petitioner also established by clear and convincing evidence that during that period of time, the mother failed to maintain continuous contact with the children ( see Matter of Hasson B., 219 A.D.2d 649), or plan for their future ( see Matter of Dana Lisette S., 5 A.D.3d 387; Matter of Shane Anthony P., 307 A.D.2d 297; Matter of Vincent M., 255 A.D.2d 515). Accordingly, the Family Court properly found that the mother permanently neglected the children ( see Social Services Law 384-b[a]).
Under the circumstances, termination of the mother's parental rights was in the children's best interests ( see Family Ct Act § 631; see also Matter of Frederick S., 178 Misc.2d 152).
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.