Opinion
2014-11743 2014-11747 Docket Nos. B-13318-11 B-13319-11.
12-23-2015
In the Matter of ANAIS MARIA O. (Anonymous), also known as Anais O. (Anonymous), also known as Anais S. (Anonymous). Little Flower Children and Family Services of New York, petitioner-respondent; Jose Manuel O. (Anonymous), also known as Jose O. (Anonymous), also known as Jose Manuel O. (Anonymous), Sr., also known as Jose O. (Anonymous), Sr., appellant, et al., respondent. (Proceeding No. 1) In the Matter of Jose Manuel O. (Anonymous) III, also known as Jose O. (Anonymous) III, also known as Jose O. (Anonymous), also known as Jose S. (Anonymous), also known as Jose S. (Anonymous), Jr. Little Flower Children and Family Services of New York, petitioner-respondent; Jose Manuel O. (Anonymous), also known as Jose O. (Anonymous), also known as Jose Manuel O. (Anonymous), Sr., also known as Jose O. (Anonymous), Sr., appellant, et al., respondent. (Proceeding No. 2).
Barbara J. Caravello, Jamaica, N.Y., for appellant. Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for petitioner-respondent Little Flower Children and Family Services of New York. Larry S. Bachner, Jamaica, N.Y., attorney for the children.
Barbara J. Caravello, Jamaica, N.Y., for appellant.
Carrieri & Carrieri, P.C., Mineola, N.Y. (Ralph R. Carrieri of counsel), for petitioner-respondent Little Flower Children and Family Services of New York.
Larry S. Bachner, Jamaica, N.Y., attorney for the children.
Opinion
Appeals from two orders of fact-finding and disposition of the Family Court, Queens County (Mary Beth Richroath, J.) (one as to each child), both dated October 21, 2014. The orders, after fact-finding and dispositional hearings, found that the father permanently neglected the subject children, terminated his parental rights, and transferred the guardianship and custody of the subject children to the Commissioner of Social Services of the City of New York and Little Flower Children and Family Services of New York for the purpose of adoption.
ORDERED that the orders of fact-finding and disposition are affirmed, without costs or disbursements.
Contrary to the father's contentions, the record amply supports the Family Court's findings that the petitioner fulfilled its statutory obligation of employing diligent efforts to strengthen the parent-child relationship (see Matter of Britiny U. [Tara S.], 124 A.D.3d 964, 966, 1 N.Y.S.3d 477; Matter of Zachi D.D. [Jeffrey D.], 124 A.D.3d 776, 1 N.Y.S.3d 365; Matter of Angel R.F. [Nicholas F.], 114 A.D.3d 781, 980 N.Y.S.2d 528; Matter of Tramel T.V. [Tracina M.V.], 108 A.D.3d 726, 968 N.Y.S.2d 890; Matter of James J. [James K.], 97 A.D.3d 936, 937, 948 N.Y.S.2d 203; Matter of Kenneth Frederick G. [Charles G.], 81 A.D.3d 645, 915 N.Y.S.2d 864; Matter of Imani M., 61 A.D.3d 870, 871, 877 N.Y.S.2d 417; Matter of Jeremy D.R., 40 A.D.3d 764, 836 N.Y.S.2d 626; Matter of Jonathan R., 30 A.D.3d 426, 427, 817 N.Y.S.2d 335; Matter of Baby Girl C. [Kevin S.], 1 A.D.3d 593, 767 N.Y.S.2d 462). Moreover, the petitioner sustained its burden of demonstrating, by clear and convincing evidence, that the father permanently neglected his children by failing to establish a realistic plan for their future (see Matter of Tramel T.V. [Tracina M.V.], 108 A.D.3d 726, 968 N.Y.S.2d 890). A parent's incarceration does not excuse the planning requirement, and under the circumstances of this case, the father did not offer a viable plan (see Matter of Gregory B., 74 N.Y.2d 77, 90, 544 N.Y.S.2d 535, 542 N.E.2d 1052). Also, the court properly determined that the best interests of the subject children would be served by terminating the father's parental rights and freeing the children for adoption by the foster father (see Family Ct. Act § 631).
ENG, P.J., MASTRO, COHEN and MILLER, JJ., concur.