| Matter of Jamar Terry N. |
| 2007 NY Slip Op 09593 [46 AD3d 563] |
| December 4, 2007 |
| Appellate Division, Second Department |
| In the Matter of Jamar Terry N. Administration for Children'sServices et al., Respondents; Marie C., Appellant. (Proceeding No. 1.) In the Matter of LarmarVeraby N. Administration for Children's Services et al., Respondents; Marie C., Appellant.(Proceeding No. 2.) |
—[*1] Warren & Warren, P.C., Brooklyn, N.Y. (Adam M. Kazansky of counsel), for respondentMercy First. Steven Banks, New York, N.Y. (Tamara Steckler, Judith Waksberg, and Proskauer Rose,LLP, New York, N.Y. [Nathan Lander] of counsel), Law Guardian (one brief filed).
In two related proceedings pursuant to Social Services Law § 384-b to terminateparental rights on the ground of abandonment, the mother appeals from two orders of fact-findingand disposition (one as to each child) of the Family Court, Queens County (Salinitro, J.), bothdated January 4, 2007, which, after a fact-finding hearing, terminated her parental rights on theground of [*2]abandonment, and transferred custody andguardianship of the subject children to Mercy First and the Commissioner of the Administrationfor Children's Services for the purposes of adoption.
Ordered that the orders of fact-finding and disposition are affirmed, without costs ordisbursements.
The evidence adduced at the fact-finding hearing established, by clear and convincingevidence, that the mother had abandoned the children for the six-month period immediately priorto the filing of the petitions (see Social Services Law § 384-b [5] [a]; Matter of Female F., 40 AD3d 993[2007]; Matter of Saquan L.E., 19AD3d 418 [2005]; Matter of I.R., 153 AD2d 559 [1989]). In opposition, the motherfailed to satisfy her burden of proving that she suffered from a severe hardship that so permeatedher life that attempts at communication were not feasible (see Matter of Elizabeth Susanna R., 11 AD3d 619 [2004]).
Contrary to the mother's contention, the Family Court acted within its discretion interminating her parental rights without first conducting a dispositional hearing (see Matter of Miguel K., 1 AD3d438 [2003]; Matter of Tashara B., 299 AD2d 356 [2002]). Santucci, J.P., Krausman,Florio and Lifson, JJ., concur.