| Matter of Antwone Lee S. |
| 2008 NY Slip Op 01854 [49 AD3d 276] |
| March 4, 2008 |
| Appellate Division, First Department |
| In the Matter of Antwone Lee S. and Another, Children Alleged tobe Permanently Neglected. Tracye W., Also Known as Tracye S., Appellant; The Catholic HomeBureau for Dependent Children, Respondent. |
—[*1] Magovern & Sclafani, New York City (Joanna M. Roberson of counsel), for respondent. Steven Banks, The Legal Aid Society, New York City (Judy Waksberg of counsel), LawGuardian, and Proskauer Rose, LLP, New York City (Andrew I. Gerber of counsel), for LawGuardian.
Orders of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or aboutJune 20, 2006, which, upon a finding of permanent neglect, terminated respondent's parentalrights to the subject children and committed custody and guardianship of the children topetitioner agency and the Commissioner of Social Services for the purposes of adoption,unanimously affirmed, without costs.
The finding of permanent neglect is supported by clear and convincing evidence ofrespondent's failure, notwithstanding the petitioner's diligent efforts, to learn to control her angerand complete all of the programs to which she was referred, and refusal to accept guidance onproper parenting (see Matter ofAlpacheta C., 41 AD3d 285 [2007], lv denied 9 NY3d 812 [2007]; Matter of Jah'lil Dale Emanuel McC.,44 AD3d 547 [2007]). Termination of respondent's parental rights is supported by apreponderance of the evidence showing that the children, who have been in foster care virtuallysince birth, have bonded with a foster parent who provides for their special needs and desires toadopt, and that respondent [*2]continues to have problemscontrolling her anger and does not have suitable housing (see Matter of Shaka Efion C.,207 AD2d 740 [1994]). Concur—Nardelli, J.P., Williams, Sweeny and Catterson, JJ.