Opinion
March 21, 2001.
Appeal from Order of Erie County Family Court, Rosa, J. — Terminate Parental Rights.
BEFORE: GREEN, J. P., PINE, HAYES, SCUDDER AND BURNS, JJ.
Order unanimously affirmed without costs. Memorandum:
Family Court properly granted the petitions seeking to terminate the parental rights of respondents with respect to their eight children. Petitioner established by clear and convincing evidence that petitioner exercised diligent efforts to effect a reunification of the children with respondents ( see, Matter of Sheila G., 61 N.Y.2d 368, 373; Matter of J. Scott P., 244 A.D.2d 906). Petitioner further established that, although the court in its disposition of the underlying neglect proceeding had directed respondents to participate in specified programs, respondents failed and refused to participate in any of those programs. Petitioner established that, despite its diligent efforts to effect a reunification, respondents made no efforts to correct the conditions that led to the placement of the children in the custody of petitioner ( see, Matter of Nathaniel T., 67 N.Y.2d 838, 842). Contrary to respondents' contention, the court was not required to conduct a dispositional hearing where, as here, petitioner relied upon the evidence presented at the fact-finding hearing, the Law Guardian declined to present evidence, and respondents were given the opportunity to present evidence and declined to do so ( see, Matter of Anthony OO., 258 A.D.2d 788, 789-790).
Respondents' remaining contentions concern the neglect and removal proceedings. Because respondents failed to appeal from the orders issued in those proceedings in a timely manner ( see, Family Ct Act § 1113), those contentions are not properly before us.