| Matter of Jessica Victoria S. |
| 2008 NY Slip Op 00063 [47 AD3d 428] |
| January 8, 2008 |
| Appellate Division, First Department |
| In the Matter of Jessica Victoria S., a Child Alleged to bePermanently Neglected. Rosangela DeS., Appellant; SCO Family of Services,Respondent. |
—[*1] Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York City (Lisa B. Freedman of counsel),Law Guardian.
Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or aboutDecember 13, 2006, after a fact-finding determination of permanent neglect, terminatingrespondent's parental rights to the subject child and committing the child's custody andguardianship to petitioner agency and the Commissioner of Social Services for the purposes ofadoption, unanimously affirmed, without costs.
We note the order entered pursuant to Family Court Act § 1039-b excusing the agencyfrom having to make reasonable efforts to reunite the child and respondent, that the motiontherefor was not opposed by respondent and that no issue of diligent efforts is raised on appeal.The finding of permanent neglect is supported by clear and convincing evidence, includingrespondent's failure to separate from her husband, who she knew was an adjudicated childabuser. Respondent's claim that she was never advised to plan separately from her husband isrefuted by the evidence (see Matter ofAlexis S.D., 7 AD3d 359, 359-360 [2004]). A preponderance of the evidence at thedispositional hearing shows that while respondent attended a parenting class and attended "some"counseling, her progress in eliminating the problems that led to the child's placement wasinsufficient to warrant a suspended judgment, and that adoption by the family with whom thechild has lived since birth is in the child's best interests (see id. at [*2]360; Matter of "Baby Boy" S., 24 AD3d 161 [2005]). We haveconsidered respondent's other arguments and find them unavailing. Concur—Lippman,P.J., Mazzarelli, Gonzalez, Sweeny and McGuire, JJ.