Opinion
November 7, 1988
Appeal from the Family Court, Rockland County (Stanger, J.).
Ordered that the appeal from the order dated August 1, 1986 is dismissed, without costs or disbursements, as that order was superseded by the order dated January 20, 1987, and, in any event, is not appealable as of right, and it is further,
Ordered that the order dated January 20, 1987 is affirmed, without costs or disbursements.
The petitioning agency has met its burden of proving by clear and convincing evidence that, despite its diligent efforts to strengthen the parental relationship, the parents failed to plan for the future of their child (see, Matter of Sheila G., 61 N.Y.2d 368; Social Services Law § 384-b [a]). Termination of their parental rights on the ground of permanent neglect was therefore proper (Social Services Law § 384-b [d]).
The child, now 11 years old, has been in the continuous custody of the Department of Social Services since she was less than two months old. The evidence at the fact-finding hearing established that the parents failed to attend recommended counseling sessions to address the problems which prevented the return of the child to them, namely, the mother's history of mental illness and lack of parenting skills and the father's alcoholism. In addition, the parents failed to obtain suitable housing despite efforts on their behalf. By failing to take advantage of the services and resources available to them, the parents did not meet their obligation to plan for the child (see, e.g., Matter of June Y., 128 A.D.2d 538; Matter of Ann Marie D., 127 A.D.2d 764).
We decline to reach the contention advanced by the petitioner that the father's alcoholism could be considered a mental illness for the purpose of termination of parental rights (Social Services Law § 384-b [a]) since the hearing court did not specifically address this issue in its decision and we have sustained the termination of his parental rights on the alternate ground of permanent neglect. Mollen, P.J., Thompson, Rubin and Eiber, JJ., concur.