| Matter of "Female" M. |
| 2008 NY Slip Op 03649 [50 AD3d 1040] |
| April 22, 2008 |
| Appellate Division, Second Department |
| In the Matter of"Female" M., Also Known as Mary Jocellyn M.Little Flower Children and Family Services, Respondent; Jocellyn M.,Appellant. |
—[*1] Carrieri & Carrieri, P.C. (Ralph R. Carrieri of counsel), Mineola, N.Y., for respondent. Brian Zimmerman, Brooklyn, N.Y., attorney for the child.
In a proceeding pursuant to Social Services Law § 384-b to terminate parental rightson the ground of permanent neglect, the mother appeals from an order of fact-finding anddisposition of the Family Court, Kings County (Pearl, J.), dated March 7, 2007, which, afterfact-finding and dispositional hearings, found that she permanently neglected the subject child,terminated her parental rights, and transferred custody and guardianship of the child to thepetitioner and the Commissioner of Social Services of the City of New York for the purpose ofadoption.
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
Contrary to the mother's contention, the Family Court properly found that she hadpermanently neglected the subject child, who had been in the petitioner's care since March 2001.The petitioner established, by clear and convincing evidence, that during the relevant time period,it had fulfilled its duty to exercise diligent efforts to strengthen and encourage the relationshipbetween the mother and the child (see Matter of Star Leslie W., 63 NY2d 136, 142[1984]; Matter of Sheila G., 61 NY2d 368, 383 [1984]) and that, despite these efforts, themother failed to plan for the child's future (see Matter of Jamie M., 63 NY2d 388, 393[1984]; Matter of Amy B., 37 AD3d600 [2007]; Matter of Damian D.T.B., 294 AD2d 359, 360 [2002]; Matter ofJuaniqua Paulette E., 178 AD2d 476 [1991]).
Following the finding of permanent neglect, and a dispositional hearing, the Family Courtalso properly determined that the termination of the mother's parental rights was in the child'sbest interests, and thus, the court properly freed the child for adoption (see Matter of StarLeslie W., 63 NY2d at 147; Matterof Amy B., 37 AD3d 600 [2007]; Matter of Cynthia Hope A., 36 AD3d 803 [2007]; Matter ofCharles Clarence C., 213 AD2d 294 [1995]). Mastro, J.P., Santucci, Eng and Belen, JJ.,concur.