Matter of Gordon Lee R.

2008 NY Slip Op 02847 [49 AD3d 882]

March 25, 2008

Appellate Division, Second Department

As corrected through Wednesday, May 14, 2008

In the Matter of Gordon Lee R., Also Known as Gordon R., AlsoKnown as Gordon L., Jr., Also Known as Gordon F. MercyFirst, Respondent; Linda F.,Appellant. (Proceeding No. 1.) In the Matter of Teena Marie F., Also Known as Teena F.MercyFirst, Respondent; Linda F., Appellant. (Proceeding No. 2.) In the Matter of ShakayaLashae F., Also Known as Shakaya F. MercyFirst, Respondent; Linda F., Appellant. (ProceedingNo. 3.)

—[*1]Michael A. Fiechter, Bellmore, N.Y., for appellant.

Warren & Warren, P.C., Brooklyn, N.Y. (Ira L. Eras of counsel), for respondent.

Matthew M. Lupoli, Flushing, N.Y., attorney for the child Gordon Lee R.

Jeffrey C. Bluth, Brooklyn, N.Y., attorney for the child Shakaya Lashae F.

In three related proceedings pursuant to Social Services Law § 384-b to terminate parentalrights on the ground of permanent neglect, the mother appeals from three orders of disposition ofthe Family Court, Kings County (Freeman, J.), all dated January 6, 2006 (one as to each child),which, after a hearing, and upon a finding that she was in violation of the terms and conditions ofa suspended judgment of the same court dated June 28, 2002, terminated her parental rights andtransferred custody and guardianship of the subject children to the petitioner MercyFirst and theCommissioner of Social Services of the City of New York for the purpose of adoption.

Ordered that the appeal from the order pertaining to the child Teena Marie F. is dismissed asacademic, without costs or disbursements, since that child has reached the age of majority(see Matter of Winston Lloyd D., 7 AD3d 706 [2004]); and it is further,

Ordered that the orders pertaining to the children Gordon Lee R. and Shakaya Lashae F. areaffirmed, without costs or disbursements.

Contrary to the mother's contention, the Family Court's finding that she failed to substantiallycomply with the terms and conditions of the suspended judgment was supported by the weight ofthe evidence (see Matter of Christyn Ann D., 26 AD3d 491, 492 [2006]; see alsoMatter of Jordan Amir B., 15 AD3d 477 [2005]; Matter of Michael C., 4 AD3d 423,424 [2004]; Matter of Joshua Justin T., 208 AD2d 469 [1994]).

The evidence elicited at the dispositional hearing established by a preponderance of theevidence that it is in the best interests of the children Gordon Lee R. and Shakaya Lashae F. toterminate parental rights and free them for adoption (see Matter of Jennifer R., 29 AD3d1005, 1007 [2006]; Matter of Lemar H., 23 AD3d 383, 384-385 [2005]; Matter ofJeremiah Kwimea T., 10 AD3d 691, 692 [2004]; Matter of Joyce Marie B., 305AD2d 589, 590 [2003]; Matter of Tiffany A., 242 AD2d 709 [1997]; Matter of W.Children, 226 AD2d 385, 387 [1996]).

Motion by the attorney for the child Teena Marie F. on appeals from three orders of theFamily Court, Kings County, all dated January 6, 2006 (one as to each child), inter alia, todismiss the appeal filed under Appellate Division docket No. 2006-01983. By decision and orderon motion of this Court dated December 4, 2007, that branch of the motion which was to dismissthe appeal was held in abeyance and referred to the Justices hearing the appeals for determinationupon the argument or submission thereof.

Upon the papers filed in support of the motion, the papers filed in relation thereto, and uponthe submission of the appeals, it is

Ordered that the branch of the motion which is to dismiss the appeal is denied as academic inlight of our determination on that appeal [see decision herein]). Rivera, J.P., Ritter, Carniand Leventhal, JJ., concur.