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Matter of Department of Social Services

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1998
254 A.D.2d 417 (N.Y. App. Div. 1998)

Opinion

October 19, 1998

Appeal from the Family Court, Nassau County (Medowar, J.).


Ordered that the order is affirmed, without costs or disbursements.

The evidence adduced at the fact-finding hearing supports the finding of permanent neglect. The agency established by clear and convincing evidence that it made diligent attempts to strengthen the parent-child relationship, and that, despite its encouragement, the mother failed to maintain continuous contact with her son on a regular basis and failed to plan for his future ( see, Social Services Law § 384-b; Matter of Star Leshe W., 63 N.Y.2d 136).

In addition, the evidence adduced at the dispositional hearing demonstrated that the child's best interests would be served by terminating the mother's parental rights and freeing him for adoption ( see, Matter of Sheila G, 61 N.Y.2d 368). The court-appointed psychiatrist testified that the mother was not capable of safely parenting the subject child, especially in light of the child's disabilities and special needs, because of her chronic mental illness.

We have reviewed the cross-appellant's contentions and find them to be without merit ( see, Matter of Linda P. v. Thomas P., 240 A.D.2d 583; Matter of Jesse F., 193 A.D.2d 839; Matter of James P. W. v. Eileen M. W., 136 A.D.2d 549).

Bracken, J. P., Copertino, Thompson and Friedmann, JJ., concur.


Summaries of

Matter of Department of Social Services

Appellate Division of the Supreme Court of New York, Second Department
Oct 19, 1998
254 A.D.2d 417 (N.Y. App. Div. 1998)
Case details for

Matter of Department of Social Services

Case Details

Full title:In the Matter of DEPARTMENT OF SOCIAL SERVICES, on Behalf of NICHOLAS…

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

Date published: Oct 19, 1998

Citations

254 A.D.2d 417 (N.Y. App. Div. 1998)
679 N.Y.S.2d 79

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