Opinion
CAF 02-01977
October 2, 2003.
Appeal from an order of Family Court, Chautauqua County (Claire, J.), entered May 20, 2002, which adjudged that respondent's child is a permanently neglected child, transferred the guardianship and custody rights of respondent to petitioner, and authorized petitioner to consent to the adoption of the child.
KATHLEEN E. CASEY, MIDDLEPORT, FOR RESPONDENT-APPELLANT.
JANE E. LOVE, MAYVILLE, FOR PETITIONER-RESPONDENT.
MICHAEL J. SULLIVAN, LAW GUARDIAN, FREDONIA, FOR RANDY A.
PRESENT: PIGOTT, JR., P.J., PINE, WISNER, SCUDDER, AND KEHOE, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Respondent appeals from an order adjudicating her son to be permanently neglected, terminating her parental rights, and authorizing petitioner to consent to the adoption of the child. Contrary to respondent's contention, petitioner met its burden of establishing by clear and convincing evidence that it made diligent efforts to encourage and strengthen the parental relationship ( see Social Services Law 384-b [a]; Matter of Ja-Nathan F., 300 A.D.2d 1030, 1031, lv denied 99 N.Y.2d 511; Matter of Raychael L.W., 298 A.D.2d 930, 931, lv denied 99 N.Y.2d 504; Matter of Hannah D., 292 A.D.2d 867; Matter of Christina W., 273 A.D.2d 918). Contrary to respondent's further contention, Family Court properly concluded that a suspended judgment, together with a temporary placement of the child in the custody of his aunt, would not be in the best interests of the child ( see Matter of Ada M.R., 306 A.D.2d 920; Ja-Nathan F., 300 A.D.2d at 1031; Matter of Sonny H.B., 249 A.D.2d 940).