Matter of Kairi Jazlyn F.

2008 NY Slip Op 03981 [50 AD3d 602]

April 29, 2008

Appellate Division, First Department

As corrected through Wednesday, June 18, 2008

In the Matter of Kairi Jazlyn F. and Another, Children Alleged to beAbandoned. Carlos Manuel F., Jr., Appellant; Catholic Guardian Society et al.,Respondents.

—[*1]Kenneth M. Tuccillo, Hastings-On-Hudson, for appellant.

Joseph T. Gatti, New York, for respondent.

Amanda P. Slater, New York, Law Guardian.

Orders, Family Court, New York County (Jody Adams, J.), entered on or about December 4,2006, which terminated respondent father's parental rights upon findings of abandonment andtransferred custody and care of the children to petitioner agency and the Commissioner of SocialServices for the purposes of adoption, unanimously affirmed, without costs.

The findings of abandonment are supported by clear and convincing evidence that the fatherfailed to communicate with the children or agency during the six months immediately precedingthe filing of the petition (Social Services Law § 384-b [5] [a]; Matter of AnthonyM., 195 AD2d 315 [1993]). The father's minimal and insubstantial contacts with the agencyduring this period are insufficient to defeat these findings (see Matter of Elizabeth Amanda T., 44 AD3d 507 [2007];Matter of Chantelle TT., 281 AD2d 660 [2001]). The father's testimony, which conflictedwith that of the caseworker and the records of the agency, presented credibility issues for thecourt, whose assessment is entitled to deference (see Matter of Donelle Thomas M., 4 AD3d 137 [2004]).

In light of the father's insufficient contacts and his failure to plan for the children, as well asthe evidence that the children have been together—and thriving—in the same stableand caring preadoptive home for almost their entire lives, the Family Court correctly concludedthat termination of respondent's parental rights was in the children's best interests. Contrary to[*2]respondent's contention, in these circumstances, a suspendedjudgment would not have been appropriate (see Matter of Charlene Lashay J., 280 AD2d320 [2001]; Matter of Shareal StaceyS., 17 AD3d 251 [2005]). Concur—Tom, J.P., Mazzarelli, Andrias and Williams,JJ.