Opinion
Submitted June 15, 1999
September 13, 1999
In a proceeding pursuant to Social Services Law § 384-b to terminate the mother's parental rights by reason of permanent neglect, the intervenor maternal grandmother appeals, as limited by her brief, from so much of an order of disposition of the Family Court, Queens County (Freeman, J.), dated January 2, 1998, as, after fact-finding and dispositional hearings, in effect, denied her application for custody and transferred custody of the child to the petitioner for adoption by the foster parents. The appellant's notice of appeal from the decision dated August 22, 1997, is deemed a premature notice of appeal from the order dated January 2, 1998 ( see, CPLR 5520[c]).
Larry S. Bachner, Kew Gardens, N.Y., for appellant.
Jeremiah Quinlan, Hastings-on-Hudson, N.Y., for respondent.
Monica Drinane, New York, N.Y. (Jonathan M. Kratter of counsel), Law Guardian for the child.
DAVID S. RITTER, J.P., WILLIAM C. THOMPSON, SANDRA J. FEUERSTEIN and NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order of disposition is affirmed insofar as appealed from. without costs or disbursements.
The Family Court's determination, which was based on a firsthand assessment of the credibility of the witnesses and of the character, temperament, and sincerity of the parties, had a sound and substantial basis in the record ( see, Matter of Louise E. S. v. W. Stephen S., 64 N.Y.2d 946; Matter of Coyne v. Coyne, 150 A.D.2d 573; Matter of Gloria S. v. Richard B., 80 A.D.2d 72) and for that reason we decline to disturb it.
The appellant's remaining contentions are without merit.
RITTER, J.P., THOMPSON, FEUERSTEIN, and SMITH, JJ., concur.