Matter of Justin Lemont R.

2007 NY Slip Op 09116 [45 AD3d 445]

November 20, 2007

Appellate Division, First Department

As corrected through Wednesday, January 16, 2008

In the Matter of Justin Lemont R. and Others, Children Alleged tobe Permanently Neglected. Sharon R., Appellant; Coalition for Hispanic Family Services,Respondent.

—[*1]Geoffrey P. Berman, New York City, for appellant.

Law Offices of Raymond L. Colon, New York City (Raymond L. Colon of counsel), forrespondent.

Tamara A. Steckler, The Legal Aid Society, New York City (Diane Pazar of counsel), LawGuardian.

Orders of disposition, Family Court, New York County (Gloria Sosa-Lintner, J.), entered onor about June 30, 2006, which, to the extent appealed from, upon findings of permanent neglect,terminated respondent mother's parental rights to the subject children and committed custody andguardianship of the children to petitioner agency and the Commissioner of the Administration forChildren's Services for the purpose of adoption, unanimously affirmed, without costs.

The findings of permanent neglect were supported by clear and convincing evidence (SocialServices Law § 384-b [7] [a]). The agency made the requisite diligent efforts, first byencouraging respondent to attend drug and parenting skills programs. Despite the diligent effortsof the agency, respondent failed to plan for her children's future, as the plan she devised was thatof the children indefinitely remaining in foster care until her release from prison, which was notfeasible (see Matter of Shawn O., 19AD3d 238, 239 [2005]; Matter ofLove Russell J., 7 AD3d 799, 800-801 [2004]).

The evidence at the dispositional hearing was preponderant that the best interests of thechildren would be served by terminating respondent's parental rights so as to facilitate thechildren's adoption by their maternal grandmother with whom they have lived for a substantialportion of their lives, have a very close bond and enjoy a positive relationship (see Matter ofStar Leslie W., 63 NY2d 136, 147-148 [1984]; Matter of Daquan D., 18 AD3d 363 [2005]).Concur—Andrias, J.P., Nardelli, Gonzalez, Sweeny and Malone, JJ.