Matter of Elizabeth Amanda T. (2008 NY Slip Op 05567)

Matter of Elizabeth Amanda T. v Helene Lisa H.

2008 NY Slip Op 05567

Decided on June 19, 2008

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 19, 2008
Mazzarelli, J.P., Andrias, Williams, Renwick, JJ.

3967 3967A

[*1]In re Elizabeth Amanda T., etc., and Another, Dependent Children Under the Age of Eighteen Years, etc.,

and

Helene Lisa H., etc., Respondent-Appellant, Graham-Windham Services to Families and Children, Petitioner-Respondent,

John J. Marafino, Mount Vernon, for appellant.
Carrieri & Carrieri, P.C., Mineola (Ralph R. Carrieri of
counsel), for respondent.
Tamra A. Steckler, The Legal Aid Society, New York (Mitchell
Katz of counsel), Law Guardian.

Orders of disposition, Family Court, New York County (Sara P. Schechter, J.), entered on or about April 5, 2006, which, upon findings of permanent neglect, terminated respondent mother's parental rights to the subject children and transferred custody and guardianship of the children to petitioner agency and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously affirmed, without costs.

Clear and convincing evidence established that petitioner agency met its obligation to endeavor diligently to strengthen the parental relationship by, inter alia, arranging visitation and providing referrals for parenting classes and psychiatric evaluation, and that respondent failed to meaningfully avail herself of these services so as to gain insight into her own behavior, address the issues that led to the children's removal from the home, and prepare to assume custodial parenting responsibilities (see Matter of Star Leslie W., 63 NY2d 136, 142 [1984]; Matter of Kimberly C., 37 AD3d 192 [2007], lv denied 8 NY3d 813 [2007]; Matter of Lenny R., 22 AD3d 240 [2005], lv denied 6 NY3d 708 [2006]).

A preponderance of the evidence established that since 2003 the children have been in a stable and caring pre-adoptive home where they have bonded with their foster mother and the other children, and that termination of respondent's parental rights is in their best interests (see Matter of Racquel Olivia M., 37 AD3d 279 [2007], lv denied 8 NY3d 812 [2007]; Matter of Amani T., 33 AD3d 542 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 19, 2008

CLERK