Opinion
04-24-2024
In the MATTER OF AMIR E. (Anonymous), nonparty-appellant Westchester County Department of Social Services, petitioner-respondent; v. Audrianna W. (Anonymous), respondent-appellant, et al., nonparty.
William Martin, White Plains, NY, for respondent-appellant. Scott Stone, White Plains, NY, attorney for the child, the nonparty-appellant. John M. Nonna, County Attorney, White Plains, NY (Jason S. Whitehead of counsel), for petitioner-respondent.
William Martin, White Plains, NY, for respondent-appellant.
Scott Stone, White Plains, NY, attorney for the child, the nonparty-appellant.
John M. Nonna, County Attorney, White Plains, NY (Jason S. Whitehead of counsel), for petitioner-respondent.
FRANCESCA E. CONNOLLY, J.P., JOSEPH J. MALTESE, WILLIAM G. FORD, LAURENCE L. LOVE, JJ.
DECISION & ORDER
In a proceeding pursuant to Social Services Law § 384–b, the mother appeals, and the subject child separately appeals, from an order of the Family Court, Westchester County (Michelle I. Schauer, J.), dated December 12, 2022. The order, after a hearing, inter alia, terminated the mother’s parental rights and transferred guardianship and custody of the child to the petitioner for the purpose of adoption.
ORDERED that the order is affirmed, without costs or disbursements.
The subject child was bom in December 2011. In May 2012, the child was removed from the mother’s care. In December 2018, the petitioner commenced this proceeding pursuant to Social Services Law § 384-b to terminate the mother’s parental rights to the child on the ground of permanent neglect. The mother consented to a suspended judgment.
In March 2020, the petitioner filed a violation petition, alleging that the mother failed to comply with the terms and conditions of the suspended judgment and seeking to terminate the mother’s parental rights. After a hearing, the Family Court, among other things, terminated the mother’s parental rights. These appeals ensued.
Contrary to the mother’s contention, the evidence adduced at the hearing supported the Family Court’s determination that the best interests of the child would be served by terminating the mother’s parental rights (see Matter of Joel K.S. [Duane S.], 218 A.D.3d 589, 192 N.Y.S.3d 596; Matter of Someeya H.L.W. [Renee L.], 207 A.D.3d 553, 169 N.Y.S.3d 847; Matter of Ashantewa P.W.L. [Doris L.], 174 A.D.3d 714, 102 N.Y.S.3d 487; Matter of Kafayat N.D. [Karlene N.D.], 174 A.D.3d 600, 102 N.Y.S.3d 488).
The child’s contention on appeal is without merit. The mother’s remaining contention is without merit.
CONNOLLY, J.P., MALTESE, FORD and LOVE, JJ., concur.