Opinion
January 25, 1990
Appeal from the Family Court, New York County (Leah Marks, J.).
The child has been in the custody of the Commissioner of Social Services and the agency since August 1984, when he was nine months old. While the father alone has maintained regular contact with the child, the permanent neglect petition here was based on the alleged failure to plan for the child's future. The court properly found there was clear and convincing evidence that the natural parents had failed, for more than one year, to formulate a feasible and realistic plan to assume the care of the child, despite the agency's diligent efforts to encourage and strengthen the parental relationship (Matter of Star Leslie W., 63 N.Y.2d 136; Matter of Sheila G., 61 N.Y.2d 368). The evidence adduced at the dispositional hearing amply supports the court's determination that the natural parents are not able to assume the care of the child and, therefore, that the child's best interests are served by a termination of parental rights, thus freeing the child for adoption by the foster mother (Social Services Law § 384-b [b]; Matter of Gregory B., 74 N.Y.2d 77, 90).
We note that no appeal lies as of right from a fact-finding, nondispositional order of Family Court in a permanent neglect proceeding (Family Ct Act § 1112 [a]; Matter of Shawn C.A., 110 A.D.2d 697).
Concur — Ross, J.P., Milonas, Wallach and Rubin, JJ.