| Matter of Gloria Melanie S. |
| 2008 NY Slip Op 00165 [47 AD3d 438] |
| January 10, 2008 |
| Appellate Division, First Department |
| In the Matter of Gloria Melanie S., a Child Alleged to bePermanently Neglected. Gerald Anthony S., Appellant; Graham-Windham Services to Childrenand Families, Respondent. |
—[*1] Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York City (Claire V. Merkine of counsel),Law Guardian.
Order of disposition, Family Court, Bronx County (Carol A. Stokinger, J.), entered on orabout October 19, 2006, which, upon a finding of permanent neglect, terminated respondent'sparental rights to the subject child and committed the child's custody and guardianship topetitioner agency and the Commissioner of Social Services for the purpose of adoption,unanimously affirmed, without costs.
The finding of permanent neglect was supported by clear and convincing evidence ofrespondent's failure to plan for the child's future, notwithstanding petitioner's diligent efforts(see Social Services Law § 384-b [7] [a]; Matter of Sheila G., 61 NY2d368, 373 [1984]). Respondent refused to acknowledge and treat the underlying sexual abuseproblem that led to the child's placement in foster care (see Social Services Law §384-b [7] [c]; Matter of ValentineN.-S., 30 AD3d 338 [2006]; Matter of Theone A.A., 282 AD2d 290 [2001]). Hisargument that petitioner failed to undertake the necessary diligent efforts by failing to refer himto a nonconfessional sex offender program is contrary to his testimony that he did not need anddid not want to attend sex offender therapy, without qualification.
We see no reason to disturb the court's credibility determinations (see Matter of Alpacheta C., 41 AD3d285 [2007], lv denied 9 NY3d 812 [2007]).[*2]
We have considered appellant's remaining arguments andfind them unavailing. Concur—Tom, J.P., Saxe, Friedman and Williams, JJ.