Opinion
2017–01468 Docket Nos. B–1259–16 B–1260–16 B–1261–16 B–1262–16
02-28-2018
In the MATTER OF J.F. (Anonymous). Rockland County Department of Social Services, petitioner-respondent; v. Yves A. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of T.F. (Anonymous). Rockland County Department of Social Services, petitioner-respondent; v. Yves A. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 2)
Arleen Lewis, Blauvelt, NY, for respondent-appellant. Thomas E. Humbach, County Attorney, Pomona, N.Y. (Radhika Nagubandi of counsel), for petitioner-respondent. Risa K. Kass, Tarrytown, NY, attorney for the child J. F. Christopher Widholm, New City, NY, attorney for the child T. F.
Arleen Lewis, Blauvelt, NY, for respondent-appellant.
Thomas E. Humbach, County Attorney, Pomona, N.Y. (Radhika Nagubandi of counsel), for petitioner-respondent.
Risa K. Kass, Tarrytown, NY, attorney for the child J. F.
Christopher Widholm, New City, NY, attorney for the child T. F.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDERAppeal from an order of fact-finding and disposition of the Family Court, Rockland County (Sherri L. Eisenpress, J.), dated December 14, 2016. The order, insofar as appealed from, after a hearing, found that the mother abandoned the subject children, terminated her parental rights, and transferred custody and guardianship of the children to the Rockland County Department of Social Services for the purpose of adoption.
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
These proceedings were commenced to, inter alia, terminate the mother's parental rights. After a hearing, the Family Court issued an order of fact-finding and disposition, finding that the mother abandoned the subject children, terminating her parental rights, and transferring custody and guardianship of the children to the Rockland County Department of Social Services for the purpose of adoption. The mother appeals.
The evidence adduced at the hearing established, by clear and convincing evidence, that the mother abandoned the subject children because she did not have contact with the children or the petitioner agency during the six-month period immediately prior to the filing of the petitions (see Social Services Law § 384–b[4][b] ; Matter of Victoria S.N. [Porsha N.], 135 A.D.3d 765, 766, 24 N.Y.S.3d 332 ; Matter of Keymani R.J. [Shakima J.], 95 A.D.3d 1213, 1213, 945 N.Y.S.2d 142 ; Matter of Amaru M. [Kizwana M.], 87 A.D.3d 1069, 1069, 929 N.Y.S.2d 764 ; Matter of Robert A.G., 62 A.D.3d 701, 879 N.Y.S.2d 496 ; Matter of Dallas Keith M., 55 A.D.3d 612, 865 N.Y.S.2d 623 ; Matter of Jamar Terry N., 46 A.D.3d 563, 846 N.Y.S.2d 631 ). Moreover, the mother failed to satisfy her burden of proving that the petitioner agency prevented or discouraged her from communicating with the children or the agency, or that a severe hardship prevented her from communicating with the children (see Matter of Keymani R.J. [Shakima J.], 95 A.D.3d at 1213, 945 N.Y.S.2d 142 ; Matter of Robert A.G., 62 A.D.3d at 701, 879 N.Y.S.2d 496 ; Matter of Jamar Terry N., 46 A.D.3d at 563, 846 N.Y.S.2d 631 ; Matter of Elizabeth Susanna R., 11 A.D.3d 619, 620–621, 783 N.Y.S.2d 641 ).
The mother's remaining contention is without merit.
BALKIN, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.